Parwati Devi Vs The State of Bihar — Land Acquisition | Patna HC (2024)

Parwati Devi Vs The State of Bihar — Land Acquisition | Patna HC (2024)

What the court decided

AI extract

Outcome

Direction to the Collector, Begusarai (respondent no. 2) to take steps for payment of compensation to the petitioner in accordance with law or to remove the brick work from her land within six months from the date of receipt of the order; writ petition disposed of with these directions.

Issue for consideration

Whether the respondents should be directed to remove the brick work constructed on the petitioner's raiyati land, having been laid without taking recourse to the provisions of the Land Acquisition Act. +1 more

Court's answer

The Collector, Begusarai (respondent no. 2) was directed to take steps for payment of compensation to the petitioner in accordance with law, or alternatively to remove the brick work made on her land, within six months from the date of receipt of the order.

Ratio / Principle

It was not in dispute that 4 dhoor of the petitioner's land had been utilised for construction of the road without acquiring the land or making payment of due compensation.

Detailed headnote1 paragraphs

Patna High Court, CWJC No.4827 of 2020 (Prabhat Kumar Singh, J.), order dt. 30-01-2024 — Encroachment of raiyati land by road construction: Petitioner Parwati Devi sought removal of brick work laid on her raiyati land at Sanjat, Begusarai, done without recourse to the provisions of the Land Acquisition Act. Counter affidavit of respondent nos. 2, 5 and 6 enclosed the Anchal amin's report (dt. 30.11.2023, Annexure A), which, upon measurement on 24.11.2023, found that 4 dhoor of the petitioner's land had been utilised in construction of the road by the Rural Works Department (Teghra Division). The Court treated it as undisputed that the land was taken without acquisition and without payment of due compensation, and disposed of the petition by directing the Collector, Begusarai (respondent no. 2) to take steps, within six months of receipt of the order, either to pay compensation to the petitioner in accordance with law or to remove the brick work from her land.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4827 of 2020

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

Parwati Devi Wife of Ram Chandra Chaurasia, Resident of Village-Ward No. 05 Sanjat, Police Station-Bhagwanpur, District-Begusarai.

... ... Petitioner

Versus

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

The District Magistrate, Begusarai.

The Executive Engineer, Rural Works Department, Work Division,Teghra, Begusarai

The Assistant Engineer, Rural Works Department, Work Division, Teghra, Begusarai.

The Sub Divisional Magistrate, Teghra, Begusarai.

The Anchal Adhikari, Bhagwanpur, Begusarai

The Junior Engineer, Rural Works Division, Teghra, Begusarai.

Mahendra Chaurasia, Sono f Jatahu Chaurasia, Resident of Village-Sanjat, Police Station-Bhagwanpur, District-Begusarai.

... ... Respondents

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Appearance :

For the Petitioner/s : Mr.Kaushal Kumar Singh, Advocate For the Respondent/s : Mr. Dhurjati Kr.Prasad, GP 14 ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

3 30-01-2024

Heard learned counsel for the petitioner and the State.

Writ petition has been filed for a direction to the

respondents to remove the brick work from the raiyati land of the petitioner which has been done without taking recourse to the provisions of the Land Acquisition Act.

In this case, a counter affidavit has been filed by

respondent no. 2, 5 and 6. In paragraph 7 it has been stated that the Anchal amin measured the land in question in presence of the petitioner and boundary riyat on 24.11.2023 and it was

Patna High Court CWJC No.4827 of 2020(3) dt.30-01-2024 2/2

found that 4 dhoor land of the petitioner has been utilized in construction of the road. Report of the Anchal amin dated 30.11.2023 is contained in annexure A to the counter affidavit.

It is not in dispute that 4 dhoor land of the petitioner has been utilized for construction of road without acquiring the land and making payment of due compensation.

In that view of the matter, let the Collector, Begusarai (respondent no.2) take steps for payment of compensation to the petitioner in accordance with law or to remove the brick work which is said to have been made on the land of the petitioner within a period of six months from the date of receipt of this order.

Writ petition stands disposed of with the aforesaid

directions.

Shashi

(Prabhat Kumar Singh, J)

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