Dismissed¶36

The State of Bihar v. Chanchala Sinha

Patna HC9 Feb 2024FA/128/2019

Case brief

AI extract

What is this about?

Maintainability of State-filed first appeal in land acquisition matter; Patna High Court; Bihar Revenue & Land Reforms Dept Notification No. 14/DLA-Policy (First Appeal)-113/13-943/R dt.17-08-15; Rs. 5 lakh filing/withdrawal threshold; Lok Adalat compromise withdrawal; awarded compensation Rs 1,53,143/-; appeal dismissed as not maintainable; Khatim Reza J.

What did the court decide?

In view of sub para (iii) of the notification (under which the State should not file first appeals in land acquisition cases involving amounts up to Rs. 5,00,000), this appeal is not maintainable because the awarded amount is Rs 1,53,143/- only. ¶35

The State of Bihar Vs Chanchala Sinha — Land Acquisition | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA FIRST APPEAL No.128 of 2019

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The State of Bihar through the Collector, Nalanda.

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District Land Acquisition Officer, Nalanda.

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... ... Appellant/s

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Versus

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Chanchala Sinha wife of Sri Vijay Kumar resident of Village Malawan, Post Malawan, Police Station- Sarmera, District Nalanda.

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... ... Respondent/s

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====================================================== Appearance : For the Appellant/s : Dr. Shobha Chaubey, Ac to G.P. 19 For the Respondent/s : Mr. Sanjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA

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ORAL ORDER

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4 09-02-2024

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The office has brought notification no. 14/DLA-

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Policy (First Appeal)- 113/13-943/R on the record which reads

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thus:-

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Government of Bihar

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Revenue & Land Reforms Department

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(Directorate of Land Acquisition) Notification No. 14/DLA-Policy (First Appeal)-113/13-943/R

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Notification

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Dated 17-08-15

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The State Government of Bihar, after reviewing the

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matters of First Appeal Cases pertaining to Land Acquisition filed in Hon'ble Patna High Court, has taken following decisions by superseding the previous issued Notifications-

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(i) First Appeal should be filed in such cases of Land Acquisition in which total compensation amount involved is not more than Rs. 5,00,000.00 (Five Lac)

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Patna High Court FA No.128 of 2019(4) dt.09-02-2024 2/3

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(ii) First Appeal cases of Land Acquisition involving compensation amount up to Rs. 5,00,000.00 (Five lac) filed by the State Government should be withdrawn on the basis of compromise through Lok Adalat.

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(iii) Now, in cases of Land Acquisition, amount involving upto Rs. 5,00,000.00 (Five lac) first Appeal should not be filed by the State Government.

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(iv) In cases of Land Acquisition amount involving more than Rs. 5,00,000.00 First Appeal may be filed after fully scrutinzing the rationale on the basis of merit and demerit The legal process of filing of Appeal will continue.

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(v) The above fixed compensation amount in cases of withdrawal on the basis of compromise through Lok Adalat would not be used, in other cases, as pre example and decision on other cases would be taken on the basis of merit and demerit of each case.

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Clarification: Compensation amount means amount involving value of land that is to be acquired, value of assets existing on the land, additional compensation amount and solatium as per relevant provisions of Land Acquisition Act. 1894 (amended from time to time) and The Right To Fair Compensation and Transparency In Land Acquisition,

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Patna High Court FA No.128 of 2019(4) dt.09-02-2024 3/3

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Rehabilitation and Resettlement Act, 2013.

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By the order of the Governor of Bihar

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Sd/-

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Secretary

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