Petitioner sought compensation for land used for drainage. State noted records were from 1981-82 and acquisition was unconfirmed. Court adjudicated that since acquisition was not finalized, petitioner must approach the Collector.
Petitioner directed to approach the Collector, Saharsa, for investigation and action in accordance with law.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20670 of 2014
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Ajit Kumar Saha, son of late Nityanand Saha, resident of village-Phulkaha (Nawabganj), Police Station-Nawabganj, District- Araria.
.... .... Petitioner
Versus
.... .... Respondents
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Appearance : For the Petitioner/s : Mr. Sanjay Kumar Singh, Advocate For the Respondent/s : Mr. Kaushal Kumar Jha, AAG-14
=========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 13-02-2018
Heard learned counsel for the petitioner and learned
counsel for the State.
In the present case, the petitioner is seeking compensation amount of the land which has been utilized for construction of drainage but no compensation has been paid till date and the petitioner is moving here and there with empty hand.
Learned counsel for the petitioner has drawn the attention of this court to the letter dated 02.02.2015 (Annexure-A to the counter affidavit), wherein it has been mentioned that proposal was to acquire 34.39 acres of land and later on, 21.97 acres of land
Patna High Court CWJC No.20670 of 2014 dt.13-02-2018
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has been returned and 6.90 acres of land remained contemplation for acquisition. Those lands are appertaining to Khata no.361, Khesra No.680, 668, 667 and 666, total area 7.15 acres of land, but the said letter itself shows that finally the land has not been acquired as the proceeding remained pending.
Learned counsel for the State has submitted that this matter is of the year 1981-82, so it is very difficult to locate the relevant records.
So far the document does not show that finally the land was acquired. If the land has been acquired the petitioner should have approached the appropriate authority.
Let the petitioner approach the Collector, Saharsa, who will look into the matter and act in accordance with law.
Accordingly, this writ petition is deposed of.
(Shivaji Pandey, J)
pawan/-
| AFR/NAFR | N.A.F.R. |
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| CAV DATE | M/A. |
| UploadingDate | 21.02.2018 |
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2 issues framed by the court
Whether to grant compensation for land utilized for drainage when acquisition proceedings remained pending and no compensation paid.
Whether to direct the appropriate authority to investigate the claim regarding land acquisition status.
Ajit Kumar Saha
The State of Bihar
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
