Md. Sabul @ Mohammad Sahabul Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13326 of 2023

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Md. Sabul @ Mohammad Sahabul Son of Late Israfil Resident of VillageGogri (Ward No.3), Police Station-Gogri, District-Khagaria.

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... ... Petitioner/s

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Versus

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

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The Managing Director (Planning and Administration) Bihar Rajya Pul Nirman Nigam Ltd. Patna, Bihar.

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The Senior Project Engineer, Bhagalpur Division, Bihar Raj Pul Nirman Nigam Ltd. Bhagalpur.

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The Distirct Magistrate, Khagaria. 5. The Land Acquisition Officer, Khagaria. 6. The Executive Engineer Path, path Parmandal, Khagaria. 7. The S.D.O., Gogri, District-Khagaria. 8. The D.C.L.R. Gogri, District-Khagaria. 9. The C.O., Gogri, District-Khagaria.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Md. Najmul Hodda, Adv. Mr. Swapnil Kumar Singh, Adv. For the State : Mr. Mukul Prasad, AC to GP-18 For the BRPNL : Dr. Anand Kumar, Adv. Mr. Ranjan Prakash, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH

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ORAL ORDER

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6 13-08-2024 The present writ petition has been filed seeking the following reliefs:-

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“1(i). For issuance of a writ of mandamus or any other appropriate writ order or direction to remove the encroachment from the raiyati land

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Patna High Court CWJC No.13326 of 2023(6) dt.13-08-2024 2/4

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bearing khata no. 2 khesra No. 192 measuring 9 katha 15 dhur 5 dhurki of Mauza Bhojua BlockGogri, District- Khagaria, as the respondent authorities have forcibly constructed bridge and encroached upon the above land of the petitioner. (ii). For issuance of a writ of mandamus or any other appropriate writ order or direction commanding the respondents authorities to pay compensation amount to the petitioner as per the rule with penal interest at the rate of 18% per annum, as upon his raiyat land, the respondent authorities have constructed bridge as well as approach road.”

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Admittedly, the land of the petitioner has been usurped

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and a bridge/road has been constructed, however, neither the land of the petitioner, in question, has been acquired nor any compensation has been paid to the petitioner.

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As far as the learned counsel for the Respondent-State is concerned, he has admitted that the land of the petitioner has been used illegally by the Bihar Raj Pul Nirman Nigam Limited for construction of road / bridge and till date, no proposal for acquisition has been sent to the State Government, hence, it is submitted that it is for the Bihar Raj Pul Nirman Nigam Limited to pay compensation.

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As far as the Bihar Raj Pul Nirman Nigam Limited is

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Patna High Court CWJC No.13326 of 2023(6) dt.13-08-2024 3/4

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concerned, a supplementary counter affidavit has been filed by the Senior Project Engineer, Bhagalpur, on 12.3.2024, wherein it has been stated in paragraph no. 9 that the District Magistrate, Khagaria, has not furnished the details of the land in question, hence, once the same is received, the process of payment of compensation shall be initiated.

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I have heard the learned counsel for the parties and gone through the materials on record from which it is clear that the Respondent authorities have acted in contravention of the prevailing law and have forcibly usurped the land of the petitioner without either acquiring the same or making payment of compensation, hence, I deem it fit & proper to direct the District Magistrate, Khagaria, to ensure that compensation is paid to the petitioner for the land, used by the Bihar Raj Pul Nirman Nigam Limited for construction of road / bridge, as per the provisions contained in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

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It is made clear that the District Magistrate, Khagaria, as also the Managing Director, Bihar Raj Pul Nirman Nigam Limited, Patna, Bihar, shall be responsible for ensuring payment of the amount of compensation to the petitioner, as aforesaid,

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Patna High Court CWJC No.13326 of 2023(6) dt.13-08-2024 4/4

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within a period of six weeks from today, failing which they shall not draw their salary.

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Accordingly, the present writ petition stands disposed off.

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(Mohit Kumar Shah, J)

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Ajay/-

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U

Md. Sabul @ Mohammad Sahabul v. The State of Bihar

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Md. Sabul @ Mohammad Sahabul v. The State of Bihar

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