Prabhu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19125 of 2024 ====================================================== 1.

Prabhu Mahto son of Bhageran Mahto, Resident of Bari Pahari P.O Bari Pahari Sampatchack Pahari, Patna, Bihar 800007 2.

Shanti Devi, wife of Yogendra Prasad Singh, Resident of Vill and P.O Bari Pahari, Sampatchack, Patna 800007 3.

Santosh Kumar, son of Arjun Prasad Singh, Resident of Siya Arjun Sadan 2nd Floor House No. 32 Road no. 7a, South Indra Nagar Postal Park Patna 800001 4.

Bina Devi @Vina Kumari, wife of Hare Krishna Mohan, Resident of Village- Pawa (Maksudan Pur) P.O.- Pawapuri, Nalanda Bihar 803115. 5.

Surabhi Shivani, Daughter of Chhotan Singh, Resident of Quarter no. 88, Lodipur New Police line Patna GPO Bihar 800001 currently residing at Bajrangpuri West, Saraswati Vihar Colony, Patna- 800007. 6.

Bachi Devi, wife of Chhotan Singh Resident of Bajrangpuri, West Sarasvati Bihar Colony, Gulzarbagh, Patna, Bihar - 800007. 7.

Usha Devi, wife of Dhanraj Singh, Resident of Village Murhari, Nalanda, Bihar 803110.

8.

Ahilya Tiwari, wife of Laksman Tiwari Resident of Malivya Nagar Landmark New colony Village Siwan P.O- Siwan, Bihar 841228. 9.

Shubhra Kumari, wife of Munna Prasad, Resident of Village - Sandh Nalanda Bihar 801304.

10.

Naresh Kevat, Son Of Chatri Kevat, Resident Of Shiv Mandir, Birua Chak, Patna City, Patna, Bihar 800008.

11.

Ashok Kevat, Son of Suresh Kevat, Resident of Mehandiganj, Biruachak, Sampatchak, Patna, Patna city, Bihar- 800008. 12.

Vijay Kevat, Son of Suresh Kevat, Resident of Mehandiganj, Jhauganj Biruachak, Patna, Patna City, Bihar-800008.

13.

Sanjay Kevat, Son of Suresh Kevat, Resident of Shiv Mandir, Neem Tal, Mehandiganj, Biruachak, Patna, Patna city, Bihar- 800008. 14.

Strohan Kevat @Shtrudhan Kevat, Son of Suresh Kevat, Resident of Shiv Mandir, Kadam Tal, Biruachak, Patna, Patna city, Bihar-800008. 15.

Sahadev Kumar @Sahadev Kevat, Son of Suresh Kevat, Resident of Shiv Mandir, Neem Tal, Mehandiganj, Biruachak, Patna, Patna city, Bihar800008. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, at Patna.

2.

Urban Development and Housing Department, Govt. of Bihar, Patna through the Principal Secretary, District- Patna.

3.

Principal Secretary, Urban Development and Housing Department, Govt. of Bihar, Patna.

2/5 4.

Commissioner, Patna Division, District- Patna. 5.

District Magistrate-cum-Collector, Patna.

6.

District Land Acquisition Officer, Patna, District- Patna 7.

Circle Officer, Sadar, District- Patna.

8.

Patna Municipal Corporation through the Commissioner, District- Patna. 9.

Commissioner, Patna Municipal Corporation, District- Patna. 10.

Patna Metro Rail Corporation Ltd., through the Managing Director, AddressIndira Bhawan 7th Floor, Bailey Road, Patna - 800001. 11.

Managing Director, Patna Metro Rail Corporation Ltd., Indira Bhawan 7th Floor, Bailey Road, Patna - 800001.

12.

Delhi Metro Rail Corporation Limited through the Project Director, Address-Sai Corporate Park Vashishth, Adarsh Vihar Colony, Rukanpura, Patna, Bihar Pin- 800014 13.

Project Director, Delhi Metro Rail Corporation Limited, Address- Sai corporate Park Vashishth, Adarsh Vihar Colony, Rukanpura, Patna, Bihar Pin- 800014 14.

Director (Work) Project Patna Metro Rail Corporation Ltd, Indira Bhawan 7th floor, Bailey Road Patna - 800001.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sumeet Kumar Singh- Advocate Mr. Shivam Singh- Advocate Mr. Kumar Vikram- Advocate Mr. Amarendra Kumar- Advocate Mr. Kumar Avinahs- Advocate Ms. Alka Singh- Advocate Mr. Nikhil Singh- Advocate For the State :

Mr. AAG-4 Mr. AC to AAG-4 For Patna Metro Rail :

Mr. Mohit Agrawal- Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-04-2025

1. Heard learned counsel for the petitioners, learned AC to AAG-4 appearing on behalf of the State and the learned Counsel appearing on behalf of the Patna Metro Rail Corporation Limited.

2. Learned counsel appearing on behalf of the petitioners submits that the instant writ application has been

3/5 filed seeking quashing of the process of acquisition published in the daily newspaper Hindustan dated 23.10.2021 (AnnexureP/22) under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (herein after referred to as the 'Act, 2013') which has been initiated under the signature of the District Magistrate, Patna with regard to 50.5950 acres of land appertaining to Thana No. 14, Mauza Pahadi, Revenue P. S. Patna City and 25.35 acres of land pertaining at Mauza- Ranipur in Revenue P. S. Patna City, Thana No.19, Circle Patna Sadar, District Patna to be acquired under Project Patna Metro (Rail Depot Corporation) on the ground that the notification dated 23.10.

2021 is incorrect and the same has been issued without following the Social Impact Assessment and thus, the action is in violation of Sections 4, 6 and 7 of the Act, 2013. The notification is itself wrong as the same on the same of records state that there is no displacement of people and the S.I.A. report is totally contradictory stating that there is displacement of people apart from other reliefs.

3. Learned counsel appearing on behalf of the petitioners submits that persons aggrieved with the acquisition had moved before this Court by filing several writ applications.

4/5 One of the writ applications was C.W.J.C. No. 7579 of 2022 and the same was heard analogous with other writ applications and the same came to be decided by a judgment dated 21.12.2023 against which the petitioners of C.W.J.C. No. 7579 of 2022 along with other analogous cases had moved in L.P.A. No. 45 of 2024 which was heard analogous with different L.P.As. It is further submitted that the Patna Metro Rail Corporation Limited also filed different L.P.As. assailing the order of the Writ Court and one of the L.P.As. was L.P.A. No. 315 of 2024. It is next submitted that even the State of Bihar also assailed the order of the Writ Court by filing several L.P.As. and one of the L.P.As. was L.P.A. No. 321 of 2024. It is also submitted that the Hon'ble Division Bench tagged all the L.P.As.

filed by the aggrieved persons, Patna Metro Rail Corporation Limited and the State of Bihar. It is submitted that the L.P.A. No. 45 of 2024 was heard analogous with other L.P.As. filed and the order of the Writ Court was modified. It is further submitted that L.P.As. filed by the aggrieved persons were dismissed while the L.P.A. filed by the State of Bihar and the Patna Metro Rail Corporation Limited was allowed with certain modification in the order of the Writ Court.

4. Learned counsel appearing on behalf of the

5/5 petitioners submits that petitioners would be satisfied if the instant writ applications are also disposed of in terms of the order dated 27.02.2025 in L.P.A. No. 45 of 2024 heard analogous with other L.P.As.

5. Learned counsel appearing on behalf of the State and the learned Senior Counsel appearing on behalf of the Patna Metro Rail Corporation Limited do not object to the said submissions made by the learned counsel appearing on behalf of the petitioners.

6. After haring the learned counsel for the parties, the writ applications are disposed of in terms of the order dated 27.02.2025 in L.P.A. No. 45 of 2024 heard analogous with other L.P.As.

(Satyavrat Verma, J) vikash/- U