Partly allowed

Brambhdeo Prasad Singh @ Brahmdeo Prasad Singh. v. The State of Bihar

Patna HC7 Oct 2023CWJC/7498/2023

Case brief

AI extract

What is this about?

This oral order disposed of a writ petition for land compensation. The court directed the petitioner to file a detailed representation with documents before the District Magistrate within six weeks to facilitate claims assessment per the LARR Act, 2013. No hearing was held on merits of compensation.

What did the court decide?

Direction to file representation with documents before the District Magistrate within six weeks and examination of claim within three months.

Brambhdeo Prasad Singh @ Brahmdeo Prasad Singh. Vs The State… — Land Acquisition | Patna HC (2023)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7498 of 2023

¶2

======================================================

¶3

Brambhdeo Prasad Singh @ Brahmdeo Prasad Singh. S/o Late Kuldeep Prasad Singh resident of Village-Kanjhiya, P.S.-Nathnagar, DistrictBhagalpur. ... ... Petitioner

¶4

Versus

¶5

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.

¶6

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

¶7

The Director Land Acquisition, Govt. of Bihar, Patna.

¶8

The Commissioner, Bhagalpur Division, Bhagalpur.

¶9

The District Magistrate, Bhagalpur.

¶10

The District Land Acquisition Officer, Bhagalpur.

¶11

The Block Development Officer, Nathnagar, District-Bhagalpur. ... ... Respondents

¶12

======================================================

¶13

Appearance :

¶14

For the Petitioner/s : Mr.Swapnil Kumar Singh, Advocate For the Respondent/s : Mr. Navnit Kumar, AC to Gp 18 ======================================================

¶15

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

¶16

2 07-10-2023

¶17

Heard learned counsel for the petitioner and the State.

¶18

2.Writ petition has been filed for directing the respondents to pay adequate compensation of the land.

¶19

At the outset, learned counsel for the respondents submits that in view of provisions contained in ‘Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013’, matter is required to be heard by the District Magistrate, Bhagalpur (respondent no.5) for proper assessment of the compensation amount.

¶20

Respondents further submits that the petitioner is entitled to get adequate compensation in accordance

¶21

Patna High Court CWJC No.7498 of 2023(2) dt.07-10-2023 2/2

¶22

with the law and the concerned authorities are also ready to do so, provided they produce documents with respect to their right and title over the land in question.

¶23

In the facts and circumstances of the case, writ petition is disposed of with a direction to the petitioner to file a representation before the District Magistrate, Begusarai (respondent no.5) along with all the relevant documents in support of the claim, within a period of six weeks from today.

¶24

In the event, such representation is filed by the petitioner with the aforesaid stipulated period, respondent no. 5 shall examine the claim of the petitioner and pass a reasoned and speaking order in accordance with law preferably within a further period of three months.

¶25

(Prabhat Kumar Singh, J)

¶26

Shashi

¶27

Brambhdeo Prasad Singh @ Brahmdeo Prasad Singh. v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Brambhdeo Prasad Singh @ Brahmdeo Prasad Singh. v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Banti Kumar Vs The State of Bihar

Krishna Rai @ Krishna Yadav Vs The State of Bihar

Vishwanath Sah Vs The State of Bihar

Chandeshwar Sharma Vs The State of Bihar

Kashindra Prasad Singh Vs The State of Bihar

Baijnath Prasad Vs The State of Bihar