Disposed

Husna Khatun v. The State of Bihar

Patna HC20 Jan 2020CWJC/893/2020

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What is this about?

Petitioner challenged a low land acquisition compensation award and non-disposal of objections alleging violation of natural justice under the 2013 Act. The High Court disposed of the writ petition by directing the Land Acquisition Rehabilitation and Resettlement Authority to expeditiously dispose of the matter within three months.

What did the court decide?

Direction to the Land Acquisition Rehabilitation and Resettlement Authority to dispose of the matter relating to the petitioner expeditiously within three months after giving opportunity of hearing.

Husna Khatun 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. 893 of 2020

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Husna Khatun, Female aged about 59 Years, Wife of Md. Ashfaque, resident of Village- Gaisal Basti, P.O.- Dhantola, P.S. Islampur, District- Uttar Dinajpur, Pin Code- 733213 (West Bengal).

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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, Government of Bihar, Patna.

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

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The Collector-cum- District Land Acquisition Officer, Kishanganj, DistrictKishanganj (Bihar).

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Raju Giri and Mr. Santosh Kumar Mishra, Advocates For the State : Mr. Md. Sajid Salim Khan, SC 25 ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH

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ORAL JUDGMENT

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Date : 20-01-2020

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Heard learned counsel for the petitioner and learned SC 25 for the State.

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The petitioner has moved the Court for the following

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reliefs:

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“I. To issue an appropriate writ/order /direction, in the nature of Certiorari quashing the Memo No. 300 dated 04.02.2019 issued by the Collector-cum-Land Acquisition Officer, Kishanganj by which it has been informed to the petitioner that the Award of the land of the Petitioner acquired for constructions of ArariaGalgalia New B. G. Rail Line has been ascertained as Rs. 65,513/- (Rupees Sixty Five thousand Five Hundred Thirteen Only) and has been requested to receive the amount after

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Patna High Court CWJC No.893 of 2020 dt.20-01-2020 2/3

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producing appropriate papers of the land in question (as contained in Annexure-4).

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II. To issue an appropriate writ/order/direction, holding the Award of the compensation amount of Rs. 65,513/- under Section 23 & 30 of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the “2013 Act”) as illegal, null and void as the same has been prepared against the Principle of Natural Justice and without disposing of the objection, which was mandatorily required under Section 23 of the 2013 Act.

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III. To issue an appropriate writ/order/direction, directing the Respondents to dispose of the objection of the Petitioner filed under Section 21 of the 2013 Act in the manner as laid down under Section 23 of the 2013 Act.

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IV. To any other relief or reliefs for which the Petitioner is found to be entitled in the facts and circumstances of the case.”

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Learned counsel for the State submitted that along

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with the petitioner’s case all similar matters have been referred to the Land Acquisition Rehabilitation and Resettlement Authority, Purnea (hereinafter referred to as the ‘Authority’), on 18.11.2019.

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Learned counsel for the petitioner submitted that the Authority may be directed to dispose off the matter within a fixed time period.

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Having regard to the aforesaid, the writ petition stands disposed off with a direction to the Authority to dispose off the matter, as far as it relates to the petitioner, expeditiously and latest within three months from the date of production of a copy of this

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Patna High Court CWJC No.893 of 2020 dt.20-01-2020 3/3

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order, in accordance with law, after giving opportunity of hearing to all concerned, including the petitioner.

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(Ahsanuddin Amanullah, J.)

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P. Kumar

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AFR/NAFR U T

Husna Khatun v. The State of Bihar

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Husna Khatun v. The State of Bihar

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