Writ petition seeking mandatory writ for compensation and cessation of work on acquired residential land. Court directed petitioners to file a representation for compensation payment within one month.
Direction to file representation for compensation payment within one month; respondent authority to decide within three months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12617 of 2017
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.... .... Petitioner/s
Versus
.... .... Respondent/s
====================================================== Appearance :
For the Petitioner/s : Mr. Binod Kumar Pandey For the Respondent/s : Mr. Rishi Raj Sinha -SC19
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
2 01-05-2018 Heard both sides.
The petitioners have filed this writ petition for
following reliefs:-
“(I) For issuance of an appropriate writ in the nature of Mandamus directing the respondent authorities to pay adequate compensation under the land acquisition Act to the petitioners whose residential houses are being acquired by the respondent authorities to hand over the acquired land to the Indian Railway for expansion of rail line under the railway scheme. (II) For issuance of an appropriate writ in the nature of Mandamus directing the respondent authorities to stop the work till the finality of the compensation of the acquired land of the petitioners.
(III) To grant any other relief/reliefs which the petitioners may be found entitled to in the facts and circumstances of the case”.
Patna High Court CWJC No.12617 of 2017 (2) dt.01-05-2018
2/2
The learned counsel for the petitioners submits that the lands of Khata No. 56, Plot No. 125 of the petitioners have been acquired by the Land Acquisition Officer without giving any compensation. It is submitted that the authorities have forcibly taken the signature of the petitioners and also dispossessed the petitioners from the land on which their houses are standing.
Having considered the facts aforesaid, I direct the petitioners to file representation before the Land Acquisition Officer for payment of compensation amount for acquisition of their land within one month from today and on such the Land Acquisition Officer shall pass order on the representation within three months thereafter.
With this observation, this writ petition is disposed
of.
(Prabhat Kumar Jha, J)
BKS/-
U
1 issue framed by the court
Whether the land acquisition authorities are directed to pay adequate compensation to the petitioners whose residential houses are being acquired.
Ramnand Paswan @ Ramnand Ram Son of Late Dhathuri Paswan @ Dhaturi Ram
Brahamdeo Ram Son of Late Bakhoura Ram
The State of Bihar through District Magistrate, Aurangabad
Land Acquisition Officer, Aurangabad
Sub Divisional Officer, Aurangabad
Circle Officer Barun Circle, Barun Dist - Aurangabad
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
