The Patna High Court dismissed a writ petition challenging land acquisition proceedings. The Court held that disputed questions of fact and evidence regarding possession and compensation cannot be effectively adjudicated through a writ petition and require a regular civil trial.
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.3133 of 2020
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Dadan Upadhyay son of Lallan Upadhyay Resident of Village- Majhauli, P.s.Badahra, District- Bhojpur, at present mohalla- Shanti Nagar, P.s.- Rail Bazar, District- Kanpur (U.P.)
... ... Petitioner/s
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr. Siddharth Harsh< Advocate For the Respondent/s : Mr. Dhurjati Kr. Prasad (GP-14) Ms. Jahan Ara, AC to GP-14 ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
12 06-11-2023
This writ application has been filed for following
reliefs:-
“a) For issuance of an appropriate writ/order/direction setting aside entire proceeding in Land Acquisition Case No. 7/5 of 1977-78 pending before the Land Acquisition Officer, Bhojpur at Ara and further holding that the proceeding has lost its force as per law, due to non payment of compensation within statutory period.
b) For issuance of an appropriate writ/order/direction commanding the respondents to initiate land acquisition proceeding with respect to petitioner’s land and to pay the adequate
Patna High Court CWJC No.3133 of 2020(12) dt.06-11-2023 2/5
compensation as per the new law of the land acquisition to the petitioner at earliest.
c) For issuance of an appropriate writ/order/direction commanding the respondents to forthwith restore the vacant possession of the petitioner over the land in question and to pay the ground rent at appropriate rate for the land of the petitioner for the period from 1975 till date the respondent either handover the possession of the land to the petitioner or pay the compensation for land acquisition.
d) For grant of such other(s) relief, the petitioner would be found entitled to, on the facts and in the circumstances of the case.”
Patna High Court CWJC No.3133 of 2020(12) dt.06-11-2023 3/5
due to unprecedented flood in the year 1975, several persons were displaced, as a result of which, for the purpose of rehabilitation of displaced persons, the government took immediate possession over the aforesaid land in question of the petitioner. At that time, father of the petitioner was alive and he used to take care and manage the agricultural affairs of the family. Although, the possession of the petitioner’s land was taken by the government in the year 1975 itself, but no ground rent was either paid or proposed ever. However, the government initiated a land acquisition Case Number 7/5 of 1977-78 for the purpose of acquiring the petitioner’s land detailed above, but the proceeding of the aforesaid land acquisition case was never concluded due to non allotment of fund and compensation for the land acquired and was not paid to the petitioner till date. Despite repeated request, the compensation for the petitioner’s land was never given.
Patna High Court CWJC No.3133 of 2020(12) dt.06-11-2023 4/5
required to be initiated de nove under the new law of land acquisition and fair compensation must be paid to the petitioner as per law.
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respect to the public land, but here the land in question is raiyati and private land.
seek remedy before the appropriate forum as may be available to him in accordance with law.
(Prabhat Kumar Singh, J)
Anay
U
3 issues framed by the court
Whether the High Court can adjudicate disputed questions of fact and evidence arising in a land acquisition proceeding through a writ petition.
Whether land acquisition proceedings lapsed over 40 years due to non-payment of compensation.
Whether the petitioners' writ application against acquisition proceedings falls within the jurisdiction of the Court under Article 226 of the Constitution of India.
1 provisions across 1 enactments
Dadan Upadhyay
The State of Bihar through the Principal Secretary, Revenue and Land Reforms, Government of Bihar
The Director, Land Acquisition, Revenue and Land Reforms Department, Government of Bihar
The District Magistrate, Bhojpur, at Ara
The District Land Acquisition Officer, Bhojpur, at Ara
The Additional Collector, Bhojpur, at Ara
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
