Petitioner seeks remedy when land belonging to his wife, used for road construction, lacked acquisition proceedings and compensation. Court directed authorities to act expeditiously on existing letters.
Directing writ authorities to act expeditiously in terms of letters issued to the petitioner.
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Patna High Court CWJC No.1216 of 2013 (1) dt.20-06-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1216 of 2013
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.... .... Petitioner/s Versus 1. The State Of Bihar Through The Land Commissioner Revenue, Bihar, Patna
.... .... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Kumar Binode Bariar For the Respondent/s : Mr. S.D. Sanjay AAG-12
====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER
5. 20-06-2013 Heard learned counsel for the petitioner and learned counsel for the State.
The grievance of the petitioner is that the land belonging to the wife of the petitioner has been utilized for construction of road under the Prime Minister Gram Sadak Yojna without giving any compensation for the said land.
In the counter affidavit filed on behalf of the State, it is lastly stated that by letter dated 2.4.2013 issued by the Circle Officer, Shambhuganj addressed to the Incharge Officer, Legal
Patna High Court CWJC No.1216 of 2013 (1) dt.20-06-2013
Section, Banka it has been stated that by letter dated 28.2.2013, the petitioner has been informed about the fact that 18 decimals of land belonging to the wife of the petitioner have been incorporated in the road, for which documents relating to the land have been sought within a month but the same have not yet been received, as a result of which the proposal for acquisition of the land could not be made.
Learned counsel for the petitioner submits that the letter dated 28.2.2013 was received by the petitioner in the month of April, 2013 and the documents have already been sent to the authorities.
In the aforesaid view of the matter, let the authorities act in terms of their letters dated 28.2.2013 and 2.4.2013 expeditiously.
The writ application is, accordingly, disposed of.
V.P.Sinha/-
(Ramesh Kumar Datta, J)
2 issues framed by the court
Whether the authorities must expeditiously issue notifications for land acquisition where documents are missing.
Whether compensation is required for land incorporated in a road under PMGSY without acquisition proceedings.
Yashavant Yashapal
The State Of Bihar Through The Land Commissioner Revenue, Bihar, Patna
Ramesh Kumar Datta
As recorded by the court registry
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