Disposed¶25

Arjun Singh v. The State of Bihar

Patna HC2 Dec 2024CWJC/4396/2024

Case brief

AI extract

What is this about?

Land acquisition compensation non-payment; 6-lane Ganga River Green Field Bridge Project; plots Khata No. 591 Plot Nos. 1629, 1639, 2706 village Dilawarpur Gobardhan, Vaishali; District Land Acquisition Officer Vaishali Hajipur; National Highway Authority of India Muzaffarpur; representation with documents; verification and payment within 12 weeks; CWJC No. 4396 of 2024; Patna High Court; Justice A. Abhishek Reddy; disposed 02-12-2024.

What did the court decide?

Writ petition disposed of with directions: petitioners to submit a representation with all necessary documents within four weeks to Respondent No. 4; the District Land Acquisition Officer, Vaishali, Hajipur, to verify the documents and pay the compensation for the remaining plot, completing the entire exercise expeditiously and preferably within 12 weeks of receipt of the representation.

Arjun Singh Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners are entitled to be paid the compensation for the remaining one of their three plots acquired for the Ganga River Green Field Bridge Project. +1 more

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Court's answer

On receipt of the representation, the District Land Acquisition Officer, Vaishali, Hajipur, was directed to verify the documents filed by the petitioners and pay the compensation amount to them.

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Ratio / Principle

The writ petition was disposed of by directing the petitioners to submit a representation along with all necessary documents to Respondent No. 4 (the District Land Acquisition Officer, Vaishali, Hajipur) within four weeks.

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Key takeaways

The entire exercise of verification and payment was to be completed as expeditiously as possible, preferably within 12 weeks from the date of receipt of a copy of the representation received from the petitioners.ratio¶24

Detailed headnote1 paragraphs

Patna High Court (A. Abhishek Reddy, J.), Oral Order dated 02-12-2024 in CWJC No. 4396 of 2024: five co-villagers of Mathura, Bidupur, Vaishali, whose three plots (Khata No. 591, Plot Nos. 1629, 1639 and 2706) were acquired for the 6-lane Ganga River Green Field Bridge Project, had been paid compensation for two plots only; the respondents' counter affidavit admitted non-payment for the third plot, attributing it to non-submission of relevant papers by the petitioners, which the petitioners disputed. Without adjudicating that dispute, the Court disposed of the petition by directing the petitioners to lodge a representation with all necessary documents within four weeks before the District Land Acquisition Officer, Vaishali, Hajipur (Respondent No. 4), who was then to verify the documents and pay the compensation, the whole exercise to be completed expeditiously and preferably within twelve weeks of receipt of the representation.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4396 of 2024

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Arjun Singh Son of Late Baleshwar Rai Resident of Village and Post OfficeMathura, Police Station- Bidupur, District- Vaishali.

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Pankaj Kumar Son of Late Baleshwar Rai Resident of Village and Post Office- Mathura, Police Station- Bidupur, District- Vaishali.

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Bharat Rai Son of Sigheshwar Rai Resident of Village and Post OfficeMathura, Police Station- Bidupur, District- Vaishali.

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Jhulphan Rai Son of Singheshwar Rai Resident of Village and Post OfficeMathura, Police Station- Bidupur, District- Vaishali.

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Arbind Rai Son of Singheshwar Rai Resident of Village and Post OfficeMathura, Police Station- Bidupur, District- Vaishali. ... Petitioners Versus

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The State of Bihar

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The Commissioner, Tirhut, Muzaffarpur.

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The District Magistrate, Vishali, Hajipur.

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The District Land Acquisition Officer, Vaishali, Hajipur.

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The National Highway Authority of India, Muzaffarpur. ... Respondents

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Appearance : For the Petitioners : Mr.Ashok Kumar Mishra, Adv. For the Respondents : Mr.Dr. Md. Raisul Haque, AC X ======================================================

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CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER

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8 02-12-2024 Heard the learned counsel for the parties.

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The grievance of the petitioners are that the they

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are owner of three plots situated at village DilawarpurGobardhan, Chadar No. 2, Thana No. 424, Anchal Bidipur, Khata No. 591, Plot No. 1629 (Area 0.625 decimal), Plot No. 1639 (Area 26 decimals) and Plot No. 2706 (Area 2.75 decimals with a well). That for the purpose of constructing 6 lanes Ganga River Green Field Bridge Project the plots of the petitioners have been acquired. That the petitioners have been paid the

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Patna High Court CWJC No.4396 of 2024(8) dt.02-12-2024 2/3

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compensation for two of the plots but for the third plot the compensation is yet to be paid. Learned counsel for the petitioners states that in the counter affidavit filed by the respondents, they have accepted the fact that the compensation for one plot has not been paid on the ground that the petitioners have not submitted the relevant documents. Learned counsel has stated that though the petitioners have submitted the necessary papers, they are willing to file a representation along with all the necessary documents to the authority concerned and they may be directed to pay the compensation to the petitioners for the remaining one plot.

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In the counter affidavit filed by the Respondents the factum of not paying the compensation has not been denied. In paragraph 12 of the counter affidavit it is stated that the authorities are ready for the payment but the petitioners did not submit the relevant papers for disbursement of the compensation.

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Having regard to the above mentioned facts and circumstances, the present Writ Petition is disposed of directing the petitioners to submit a representation along with all necessary documents within a period of four weeks to the Respondent No. 4. On receipt of the said representation, the

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Patna High Court CWJC No.4396 of 2024(8) dt.02-12-2024 3/3

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District Land Acquisition Officer, Vaishali, Hajipur, shall verify the documents filed by the petitioners and pay the compensation amount to the petitioners. The entire exercise shall be completed as expeditiously as possible, preferably within a period of 12 weeks from the date of receipt of a copy of the representation received from the petitioners.

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With the above directions, the CWJC stands disposed of.

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(A. Abhishek Reddy , J)

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Shamshad/-

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Arjun Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Arjun Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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