Brij Kishore Prasad Yadav and Ors. v. The State Of Bihar and Ors.

Patna HC6 May 2024CWJC/8069/2017

Case brief

AI extract

What is this about?

Land acquisition compensation writ, Gandak Project, East Champaran/Motihari; petitioners sought compensation and operation of the 2013 RFCTLARR Act claiming lapse of the 1894 Act proceedings; Water Resources Department counter-affidavit (letters dt. 14.11.2016 and 09.12.2016) showed the pilot channel was a temporary measure, acquisition proceeding stopped, no land acquired; no rejoinder filed; Court found petition frivolous and disposed it (Rajiv Roy, J., 06-05-2024).

What did the court decide?

No acquisition process took place; the writ petition was filed on a frivolous issue, and the petition is accordingly disposed of. ¶44

Brij Kishore Prasad Yadav and Ors. Vs The State Of Bihar and… — Land Acquisition | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8069 of 2017

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Brij Kishore Prasad Yadav and Ors S/o Lalit Prasad Yadav,

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Mahant Prasad Yadav, S/o Late Lakhan Raut.

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Rajendra Prasad Yadav, S/o Ramchandra Prasad Yadav.

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Jagarnath Prasad Yadav, S/o Chandrika Prasad Yadav.

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Mahendra Prasad Yadav, S/o Late Mathura Prasad Yadav.

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Ram Tapesh Yadav, S/o Late Daroga Rai. All are Resident of Village and P.O.- Laxmipur, P.S. Moffasil Motihari, District- East Champaran.

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... ... Petitioner/s

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Versus

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The State Of Bihar through Chief Secretary, State of Bihar, Patna

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

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Principal Secretary, Water Resources Department, State of Bihar, Patna.

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Chief Engineer, Gandak Project, Water Resources Department, State of Bihar, Patna.

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Superintending Engineer, Gandak Project, Water Resources Department, State of Bihar, Patna.

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Executive Engineer, Gandak Project, Water Resources Department, State of Bihar, Muzaffarpur.

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Special land Acquisition Officer, Gandak Project, Water Resources Department, State of Bihar, Muzaf

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The Collector, East Champaran at Motihari.

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Addl. Collector, East Champaran at Motihari.

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District Land Acquisition Officer, East Champaran at Motihari.

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Circle officer, Sadar Motihari, East Champaran.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Rakesh Kumar No.1, Advocate For the Respondent/s : Mr. Raj Kishore Roy, GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

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ORAL ORDER

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2 06-05-2024 Heard the parties.

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The present writ petition has been preferred for the

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grant of following relief/s:-

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Patna High Court CWJC No.8069 of 2017(2) dt.06-05-2024 2/4

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“(i) Issuance of an appropriate writ, order or direction commanding the respondents to forthwith make payment of compensation amount to the petitioners in accordance with law in respect of the land acquired;

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(ii) Issuance of an appropriate writ, order or direction commanding the respondents to forthwith implement and act in terms of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short 'the New Act') as the proceeding initiated under the Land Acquisition Act, 1894 (for short "The Old Act') have lapsed;

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(iii) Issuance of an appropriate writ, order or direction holding that there is no sovereign immunity to the respondents to misuse and abuse of power and to determine the reasonable amount of compensation to the petitioner;

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(iv) Issuance of an appropriate writ, order direction commanding the respondents not to exceed the area of the acquired land on the un-acquired exclusive land of the petitioner without the authority of law and ensuring its full protection with complete demarcation on the spot;

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(v) Any other relief of reliefs may be granted to the petitioner as he is found

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Patna High Court CWJC No.8069 of 2017(2) dt.06-05-2024 3/4

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entitled to in the facts and circumstances of the case for the ends of justice.”

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A counter-affidavit has been filed on behalf of the

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respondent No. 7 and paragraph 9 to 11 read as follows:-

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“(9) That it is stated that in the meantime, the Engineer-in-Chief, flood Control and Drainage, Water Resources Department, Bihar, Patna directed Engineer, Flood the Chief control and Drainage, Muzaffarpur vide letter no. 1640 dated14.11.2016 to inform the Special Land Acquisition Project, Officer, Muzafarpur Gandak that construction of pilot channel for flood protection work is a temporary measure and for this permanent acquisition of the land is not required.

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(10) That it is stated that in the light of the aforesaid decision, the Director, Land acquisition and Rehabilitation, Resources Department, Water Bihar, Patna directed the special Land Acquisition Officer, Gandak project, Muzaffarpur vide letter no. 2013 dated 9.12.2016 to take necessary steps in accordance with law.

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(11) That it is stated that pursuant to the aforesaid directions, the aforesaid land acquisition proceeding has been stopped and the land of the petitioners or any other raiyat has not been acquired. Hence no question of

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Patna High Court CWJC No.8069 of 2017(2) dt.06-05-2024 4/4

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payment of compensation to anyone arise.”

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