Disposed

Most. Husana Khatoon v. The State Of Bihar and Ors.

Patna HC15 Dec 2015CWJC/19462/2013

Case brief

AI extract

What is this about?

The Patna High Court granted liberty to the petitioner to file a comprehensive representation for higher land compensation. The Court directed the District Collector to consider the claims with hearing within four months and dispose of them without delay, while clarifying impartiality on merits.

What did the court decide?

Liberty to file comprehensive representation for higher land compensation; direction to District Collector to decide by reasoned order within four months.

Most. Husana Khatoon Vs The State Of Bihar and Ors. — Land Acquisition | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19462 of 2013

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	====================================================== Most. Husana Khatoon, W/O Late Abdul Sattar, Resident Of Vilalge- Jadopur, P.S.- Gowaseha Shekhpura, P.S.- Pandarak, Barh, District- Patna, Present Resident At A/95, Ali Nagar Colony, P.S.- Gardanibagh, P.O.- Anishabad, Patna- 800 002 .... .... Petitioner/s Versus 1. The State Of Bihar 2. Union of India through the Secretary Energy, New Delhi 3. The Secretary, Revenue and Land Reforms Department, Bihar, Patna 4. The Collector, Patna District, Patna 5. The District Land Acquisition Officer, Patna 6. The Chief General Manager, East Zone, N.T.P.C., Patna, Bihar 7. The General Manager, N.T.P.C., Barh, Patna .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar, Adv. For the Respondent nos.1&3to5 : Mr. Krishna Chandra, AC to AG For the Respondent no.2 : Mrs. (Dr.) Poonam Kumari Singh, Adv. For the Respondent nos.6&7 : Mr.Anil Kumar Sinha, Adv. Mr.Shakib Ayaz, Adv. Mr.Abhimanyu Deo, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER
3	15-12-2015 Heard the parties. In view of the nature of the claims/grievances raised on behalf of the petitioner in the present writ petition as also the averments made in the representation filed by her, as contained in Annexure-10 to the writ petition, this Court is of the opinion that interest of justice shall be sub-served, if the petitioner is granted liberty to file a fresh comprehensive representation with all supporting documents in respect of her claims of higher amount of compensation with respect to the lands acquired by the State of Bihar. It is ordered accordingly. If such a comprehensive representation is filed on behalf of the petitioner within a period of one month from today

======================================================
Most. Husana Khatoon, W/O Late Abdul Sattar, Resident Of Vilalge-
Jadopur, P.S.- Gowaseha Shekhpura, P.S.- Pandarak, Barh, District- Patna,
Present Resident At A/95, Ali Nagar Colony, P.S.- Gardanibagh, P.O.-
Anishabad, Patna- 800 002
.... .... Petitioner/s
Versus
1. The State Of Bihar
2. Union of India through the Secretary Energy, New Delhi
3. The Secretary, Revenue and Land Reforms Department, Bihar, Patna
4. The Collector, Patna District, Patna
5. The District Land Acquisition Officer, Patna
6. The Chief General Manager, East Zone, N.T.P.C., Patna, Bihar
7. The General Manager, N.T.P.C., Barh, Patna
.... .... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Adv.
For the Respondent nos.1&3to5 : Mr. Krishna Chandra, AC to AG
For the Respondent no.2 : Mrs. (Dr.) Poonam Kumari Singh, Adv.
For the Respondent nos.6&7 : Mr.Anil Kumar Sinha, Adv.
Mr.Shakib Ayaz, Adv.
Mr.Abhimanyu Deo, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA
ORAL ORDER

15-12-2015
Heard the parties.
In view of the nature of the claims/grievances raised
on behalf of the petitioner in the present writ petition as also the
averments made in the representation filed by her, as contained in
Annexure-10 to the writ petition, this Court is of the opinion that
interest of justice shall be sub-served, if the petitioner is granted
liberty to file a fresh comprehensive representation with all
supporting documents in respect of her claims of higher amount of
compensation with respect to the lands acquired by the State of
Bihar. It is ordered accordingly.
If such a comprehensive representation is filed on
behalf of the petitioner within a period of one month from today

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Patna High Court CWJC No.19462 of 2013 (3) dt.15-12-2015

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with a certified copy of the present order as also with all the relevant materials, then the respondent District Collector, Patna either himself or any other competent authority of the respondent State shall be obliged to consider and decide the claims of the petitioner by a reasoned and speaking order, after giving an opportunity of hearing to all concerned, preferably within a period of four months from the date of filing of such representation by the petitioner.

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If on consideration of the materials, the competent authority comes to a conclusion that the claims raised on behalf of the petitioner for payment of higher amount of compensation or any other relief are admissible to her, then the consequential order shall also be issued for grant of such admissible claims without any unnecessary further delay.

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It is clarified that this Court has not gone into the merits of the claims raised on behalf of the parties and it is left to be decided by the competent authority, as indicated above, strictly in accordance with law.

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The writ petition stands finally disposed of with the observations and directions made above.

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Arvind/- (Birendra Prasad Verma, J)

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Most. Husana Khatoon v. The State Of Bihar and Ors.

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Most. Husana Khatoon v. The State Of Bihar and Ors.

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