Allowed

Upendra Yadav v. The State Of Bihar and Ors.

Patna HC21 Sept 2016CWJC/19522/2015

Case brief

AI extract

What is this about?

Single judge allowed liberty to petitioner to file fresh representation to District Collector regarding land acquisition compensation parity. Court directed authorities to decide claims via reasoned order within three months after hearing parties, clarifying that merits were not adjudicated by the court.

What did the court decide?

Liberty granted to file fresh representation before District Collector; direction to decide claims within three months via reasoned order.

Upendra Yadav Vs The State Of Bihar and Ors. — Land Acquisition | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19522 of 2015

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Upendra Yadav son of late Bhuneshwar Yadav the resident of village - Kujbanna, P.S. Pirpainty, District - Bhagalpur.

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.... .... Petitioner/s

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Versus

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The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.

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The Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna.

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The Director, Land Acquisition, Govt. of Bihar, Patna.

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The Commissioner, Bhagalpur Division, Bhagalpur.

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The District Magistrate, Bhagalpur.

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The Sub Divisional Officer, Pirpainty, District - Bhagalpur.

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The Circle Officer, Pirpainty, District - Bhagalpur.

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The Block Development Officer, Pirpainty, District - Bhagalpur.

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The District Land Acquisition Officer, Bhagalpur.

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.... .... Respondent/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Swapnil Kumar Singh,Adv.

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Mr. Sanjay Kumar, Adv.

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For the Respondent/s : Mr. Intekhab Hassan, AC to AAG-13

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====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER

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2 21-09-2016 Heard the parties.

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The only grievance raised on behalf of the petitioner in the present writ petition is that though the lands belonging to him, fully detailed in paragraph-13 of the writ petition, has been acquired for Pirpainti Thermal Power Project in Land Acquisition Case No. 25 of 2010-11 and, accordingly, an award was prepared, but quantum of award, so fixed, is not at par with the other persons of the locality, whose lands have also been acquired for the said purpose.

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The learned counsel appearing on behalf of the petitioner submits that the petitioner is at least entitled for similar treatment for the purposes of grant of compensation for acquisition of the lands in question.

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In view of the nature of grievances/claims raised on behalf of the petitioner, noticed above, this Court is of the opinion that instead of keeping the matter pending before this Court asking

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Patna High Court CWJC No.19522 of 2015 (2) dt.21-09-2016

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the respondents to file their counter-affidavit, the interest of justice shall be sub-served if the petitioner is granted liberty to file a fresh representation with all supporting documents before the District Collector, Bhagalpur, raising all the grievances, which have been raised in the present writ petition, noticed above. It is ordered accordingly.

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If such a representation is filed on behalf of the petitioner within a period of one month from today with a certified copy of the present order, then the District Collector, Bhagalpur either himself or any other competent authority of the respondent State, as per his direction, 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 the petitioner, and the authorities concerned, besides the private individuals, if any, at an early date preferably within a period of three months from the date of filing of such representation by the petitioner.

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If on consideration of the materials and after hearing the parties, the competent authority comes to a conclusion that claims raised on behalf of the petitioner are admissible to him, then 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 petitioner in the present writ petition and this is left to be decided by the competent authority 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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(Birendra Prasad Verma, J)

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BTiwary/-

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Upendra Yadav v. The State Of Bihar and Ors.

Case brief

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Upendra Yadav v. The State Of Bihar and Ors.

Case brief

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