Writ petition seeking mandamus directed towards District Collector to pay compensation for illegal demolition was disposed of directing District Magistrate to ensure payment of fixed amount, subject to final outcome of other pending petitions.
District Magistrate directed to take steps to ensure payment of compensation fixed by the Committee expeditiously.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17432 of 2023
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... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr. Vinay Mistry, Advocate For the Respondent/s : Mr. Prabhat Kumar, Advocate Mr. Shailendra Kumar Dwivedi, Advocate
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT
Date : 12-12-2023
Heard Mr. Vinay Mistry, learned counsel appearing
on behalf of the petitioners; Mr. Prabhat Kumar, learned counsel appearing on behalf of the State and Mr. Shailendra Kumar Dwivedi, learned counsel for the P.M.C.
Patna High Court CWJC No.17432 of 2023 dt.12-12-2023 2/5
“i) For issuance of a writ in the nature of mandamus directing the District Collector, PatnaRespondent No. 3 to pay compensation of Rs. 15,14,000/- due to illegal demolition of the building to the petitioners in terms of the decision taken in the minutes convened on 27.03.2023 (Annexure-2) under the Chairmanship of the District Collector, Patna for which the petitioners have already filed a detailed representation before the District Magistrate, Patna on 14.07.2023 (Annexure-3) and the same is still pending for consideration in the facts and circumstances of this case.
ii) For issuance of other writ(s) order(s) direction(s) as your Lordships may deem fit and proper in the facts and circumstances of this case.”
present writ petition is that in spite of the decision taken by the Committee comprising of Circle Officer, Patna Sadar, Senior Deputy Collector, District Revenue, Patna and Deputy Collector, Patna headed by the Collector, Patna, that expeditious steps be taken with respect to compensate the petitioners an amount of Rs. 15,14,000/- pursuant to the order dated 13.03.2023 passed in CWJC No. 18494 of 2018, the petitioners have not been paid the amount of compensation.
Patna High Court CWJC No.17432 of 2023 dt.12-12-2023 3/5
pending before this Court. Though the petitioners have given information with respect to the two writ petitions and have also stated that the said writ petitions have been admitted by this Court on 11.04.2023. However, he has not given any pleading or relief sought for in those writ petitions, which have been admitted by this Court.
Patna High Court CWJC No.17432 of 2023 dt.12-12-2023 4/5
determination of the amount of compensation pursuant to the direction passed in CWJC No. 18494 of 2018, the authorities have proceeded to measure the area of the shop, which was demolished and have now fixed the amount of compensation payable to the petitioners. I am of the opinion that this writ petition is required to be disposed of taking into consideration the fact that already much damage has been caused to the petitioners in course of demolition of an old government building situated adjacent to the shop of the petitioners.
Patna High Court CWJC No.17432 of 2023 dt.12-12-2023 5/5
do that.
disposed of.
(Purnendu Singh, J)
Niraj/-
| AFR/NAFR | N.A.F.R. |
|---|---|
| CAV DATE | N.A |
| Uploading Date | 13.12.2023 |
| Transmission Date | N.A |
3 issues framed by the court
Whether the District Magistrate is directed to ensure expeditious payment of compensation fixed by a committee following a decision to pay Rs. 15,14,000/- for illegal demolition of petitioners' buildi
Whether the pendency of earlier related writ petitions by father and son requires disposal of the present petition, pending withdrawal of those petitions.
Whether the authorities have proceeded to fix compensation amount despite absence of final determination under previous high court orders.
1 provisions across 1 enactments
Rajendra Singh
Rashmeet Singh
State of Bihar through the Principal Secretary, Urban Development and Housing Department
The Municipal Commissioner, Patna Municipal Corporation
The District Collector, Patna
The Additional Collector, Patna
Purnendu Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
