Disposed

Ashutosh Kumar, v. The State of Bihar

Patna HC17 Jan 2020CWJC/301/2020

Case brief

AI extract

What is this about?

This writ petition challenged non-payment of compensation for land acquired in 2011 under the old Act. The court directed the Land Acquisition Authority to consider the petitioner's representation to assess compensation under the new Act (2013) and pass an order within two months. The petition was disposed of with this direction.

What did the court decide?

Direction to the Land Acquisition Authority to consider the petitioner's representation and pass an order in accordance with law within two months.

Ashutosh Kumar, Vs The State of Bihar — Land Acquisition | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.301 of 2020

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Ashutosh Kumar, S/o Late Ram Sundar Singh, resident of Village- Ayeman Bigha, P.S. Fatuha, District- Patna.

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... ... Petitioner/s

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Versus

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

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The Collector-cum-District Magistrate, Patna.

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The District Land Acquisition Officer, Patna.

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The Addl. Land Acquisition Officer, Patna.

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The Circle Officer, Fatuha, Patna.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr.Santosh Kumar Singh For the Respondent/s : Mr.Subash Chandra Yadav (Gp15)

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER

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2 17-01-2020 Heard both sides.

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Learned counsel for the petitioner submits that the land of the petitioner was acquired in the year 2011 but no payment is made to the petitioner. The Land Acquisition Authority sent notice to the petitioner on 03.08.2019 (Annexure 2) to receive the amount of compensation. The notice appears to have been issued under Section 37(2) of the Act (30 of 2013). The petitioner filed representation (Annexure 3) before the Land Acquisition Authority for preparation of Award in view of the provisions of the new Act (30 of 2013) at the value of the land prevalent on 01.01.2014 and not on the date of notification for

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Patna High Court CWJC No.301 of 2020(2) dt.17-01-2020 2/2

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acquisition of the land issued under the old Act.

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In this view of the fact, I dispose of the writ petition with a direction to the Land Acquisition Authority to consider the representation of the petitioner and pass order in accordance with law within two months from the date of receipt of this order.

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With the aforesaid direction, this writ petition is disposed of.

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(Prabhat Kumar Jha, J)

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Harish/-

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Ashutosh Kumar, v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ashutosh Kumar, v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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