Rameshwar Prasad @ Nathuni Rai Vs The State of Bihar — Land Acquisition | Patna HC (2024)

Rameshwar Prasad @ Nathuni Rai Vs The State of Bihar — Land Acquisition | Patna HC (2024)

What the court decided

AI extract

Outcome

Petition disposed of with directions: petitioner to appear before the District Land Acquisition Officer, Samastipur and/or the competent authority within four weeks; the authority to take the matter to its logical conclusion per the respondents' counter-affidavit paras 10-11; entire exercise to be completed within six months of the filing of the representation.

Issue for consideration

Whether the petitioner is entitled to issuance of a writ in the nature of mandamus directing payment of the award/compensation for his land acquired under Land Acquisition Case No. 44 of 2003-04 (part of plot nos. 148 and 149, Village Bahadurpur, P.S. Town, District Samastipur) for construction of an approach road.

Court's answer

Instead of keeping the case pending, the petitioner was directed to appear before respondent no. 4, the District Land Acquisition Officer, Samastipur, and/or the competent authority within four weeks, who was to take immediate steps and carry the matter to its logical conclusion in light of the respondents' own statements in paragraph nos. 10 and 11 of the counter affidavit.

Ratio / Principle

The entire exercise was to be completed as early as possible and not beyond six months from the filing of the representation.

Detailed headnote1 paragraphs

Patna High Court (Rajiv Roy, J.), Civil Writ Jurisdiction Case No. 9681 of 2020, decided 11-03-2024: The petitioner sought a writ of mandamus for payment of the award for his land acquired under Land Acquisition Case No. 44 of 2003-04 (part of plot nos. 148 and 149, Village Bahadurpur, P.S. Town, District Samastipur) for construction of an approach road from the house of Binddu Poddar to near the house of Baleshwar Paswan. In the counter affidavit (paras 10-11) the respondents stated that the acquisition process was never completed; after the Right to Fair Compensation and Transpiration [sic] in Land Acquisition Rehabilitation and Resettlement Act 2013 came into force from 01.01.2014, and the acquisition area was found much less, the requisition was sent back to the Circle Officer, Samastipur for acquisition under the lease process vide letter No. 863/L.A. dated 20.07.2017, so the question of preparation of award and payment of compensation did not arise. Acting on the respondents' own statements, the Court directed the petitioner to appear before the District Land Acquisition Officer, Samastipur and/or the competent authority within four weeks, with the matter to be taken to its logical conclusion and the entire exercise completed within six months of the filing of the representation; the writ petition was disposed of.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9681 of 2020

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

Rameshwar Prasad @ Nathuni Rai Son of Late Sitaram Rai Residen tof Village-Bahadurpur, Police-Station-Town Samastipur, District-Samastipur.

... ... Petitioner/s

Versus

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

The Collector, Samastipur.

The Additional Collector, Samastipur.

The District Land Acquisition Officer, Samastipur.

The Circle Officer, Samastipur.

... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Bijay Bhushan Prasad, Advocate For the Respondent/s : Mr. Rishi Raj Sinha, S.C.-19 Mr. Saurav Kumar, A.C. to S.C.-19 ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

10 11-03-2024

Heard Mr. Bijay Bhushan Prasad, learned Counsel

for the petitioner and Mr. Saurav Kumar, learned A.C. to S.C.19.

2. The present petition has been preferred for:-

issuance of writ in the nature of mandamus or any other writ/s, order/s, direction/s to the respondent for payment of award to the petitioner in terms of amended act, for which his land was acquired under Land Acquisition Case No. 44 of 2003-04 bearing part of plot nos. 148 and 149 of Village- Bahadurpur P.S. Town, District

Patna High Court CWJC No.9681 of 2020(10) dt.11-03-2024 2/3

- Samastipur for construction of approach road from the house of Binddu Poddar to near the house of Baleshwar Paswan.

3. A counter affidavit of the respondent nos. 2 to 5 is on record and paragraph nos. 10 and 11 read as follows:-

“10. That in the meantime on 17.07.2017 it was observed that for process of the acquisition of land of Mauza Samastipur, Thana No. 198, P.S.-Samastipurarea area 0.0647 Acre CO Samastipur had sent proposal but the same process was not completed and in the mean time The Right to Fair Compensation and Transpiration in Land Acquisition Rehabilitation and Resettlement Act 2013 has been enforced form 01.01.2014 and it was found that area of Land for Acquisition is much less and in progress of Land Acquisition would take more time hence the requisition be sent back to Circle Officer, Samsatipur for acquisition under the Lease process vide letter No. 863/L.A. dated 20.07.2017.

11. That from the fact stated in above paras, it transpired that acquisition process of land acquisition was not completed and hence question of preparation of award and payment of Compensation does not arise at all.”

4. In that view of the matter, instead of keeping the case pending, it would be appropriate that the petitioner appear

Patna High Court CWJC No.9681 of 2020(10) dt.11-03-2024 3/3

before the respondent no. 4, the District Land Acquisition Officer, Samastipur and/or the competent authority within four weeks from today who shall take immediate steps and the matter be taken to its logical conclusion in the light of the statement made by respondent themselves in paragraph nos. 10 and 11, as incorporated above.

5. The entire exercise be completed as early as possible and not beyond six months from the filing of the representation.

6. C.W.J.C. No. 9681 of 2020 stands disposed of.

(Rajiv Roy, J)

Neha/-

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