[ad_1]
Patna High Court – Orders
Reshma Devi vs The State Of Bihar And Ors on 21 August, 2025
Author: Rajiv Roy
Bench: Rajiv Roy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19259 of 2016
======================================================
Reshma Devi W/o Late Bihari Lal Mandal, resident of Village- Magurjan,
P.S.- Barhara Kothi, Distt- Purnea, Presently residing at Quarter No.-14, Civil
Court Campus, Maranga Road, P.S. and Distt- Purnea Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Principal Secretary, Water Resources Department, Bihar, Irrigation
Bhawan, Patna.
3. The Director, Department of Land Acquisition and Rehabilitation, Bihar,
Irrigation Bhawan, Patna.
4. The Collector of the District DM, Purnea.
5. The Special Land Acquisition Officer, Kosi Project, Saharsa.
6. The Special Land Acquisition Officer, Purnea.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashi Nath Jha
For the Respondent/s : Mr.Md.Khurshid Alam-Aag12
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 21-08-2025
Heard the parties.
2. The present petition has been preferred for the
following relief/s:
(i) for issuance of appropriate
writ/order/direction in the nature of
mandamus/certiorari against the
respondents for;
(ii) directing the Respondent-authorities to
Patna High Court CWJC No.19259 of 2016(2) dt.21-08-2025
2/10pay the amount of interest over the total
amount of compensation Rs.6,85,125 (Six
Lakhs eighty five thousand, one hundred
twenty five) which had been paid to the
petitioner vide Annx-2, and thus the
existing Market rate has been denied to the
petitioner;
(iii) directing the respondents-authorities
either to pay themselves all the due
amount of interest /solatium and other
dues amounts from the day of
acquisition/taking possession to the
petitioner or they may refer the whole
matter/case before the Land Acquisition
judge, as has been prayed by the petitioner
U/S 18 of the L.A. Act, 1894 vide Annx-4
hereto;
(iv) directing the respondents-authorities
to allow all the prayers made by the
petitioner vide Annx-4 hereto and grant all
the reliefs sought for by the petitioner
therein;
Patna High Court CWJC No.19259 of 2016(2) dt.21-08-2025
3/10
(v) directing the respondents-authorities to
pay the amount of compensation to the
petitioner as per the current Registration
rate chart, fixed by the Govt. for the year
2013-14, though the petitioner has been
paid the amount of compensation as per
the very old rate meant for the agricultural
land;
(vi) directing the respondents-authorities
to pay the amount of compensation to the
petitioner by treating the lands in question
as residential in nature, and/or pay at the
rate which has been paid to the other land
owners;
(vii) directing the respondents-authorities
to pay compensation to the petitioner as
per the new Land Acquisition,
Rehabilitation and Resettlement Act, 2013
(herein after referred to as the New Act
2013) which entitles the amount of
compensation four times to the
Government fixed price;
Patna High Court CWJC No.19259 of 2016(2) dt.21-08-2025
4/10
(vii) directing the respondents-authorities
to treat the acquired plots in question as
residential and to pay the amount of
compensation as per the updated
residential rate and the Market rate
already fixed by the government in view of
the said new Act, 2013;
(viii) directing the respondents-authorities
to meet all irreparable losses/grievances
which have caused to the petitioner due to
the delayed payments made to the
petitioners vide Annx-2 after about 24
years of acquisition/taking possession, as
the acquisition of the lands in question
took place in the eyar 1988-89 itself;
(ix) holding and declaring that the Resp.
no.5 had no jurisdiction to reject the
reference vide Annx- 5 hereto as prayed
for by the petitioner U/S 18 or U/S 30 of
the L.A. Act, 1894 vide Annx- 4 hereto;
(x) holding that the petitioner is entitled to
the amount of compensation as per the
Patna High Court CWJC No.19259 of 2016(2) dt.21-08-2025
5/10
market rate (laid down under Section 23 of
L.A. Act, 1894 & section 26 of New Act,
2013) as well as other amount of Bonus
and interest over the total amount.
(xi) granting any other relief/reliefs for
which the petitioner may be found entitled
to.
3. A counter affidavit has come on behalf of
respondent nos. 1 to 5 and paras-4 to 8 read as follows:
4. that it would be relevant to state
here that Notification under section 4
of the Land Acquisition Act 1894 was
issued for vide District Gazette extra
ordinary vide memo no. 405 dated
8.11.2011 for construction of
Khutahaniu Dhar Jal Nikash
(Sewerage ) project for which total
34.15 Acres of land was Acquired
which is situated at Nipania, Pargana
Dharmapur, District Purnea for public
purpose and this regard a declaration
was also issued vide memo no. 155
Patna High Court CWJC No.19259 of 2016(2) dt.21-08-2025
6/10
dated 26.3.2012;
5. that it is pertinent to mention here
after due process of Land Acquisition
Act land in question was acquired and
as such notice was issued for just and
fair compensation under section land
acquisition Act 1894 vide memo no.
9501 dated 18.6.2012 to the petitioner
she has received the aforesaid notice
on 9.7.2012 but she did not filed any
objection under section 5 (A) of the
land Acquisition Act with respect to
compensation of land in question as
such she has accepted the land
Acquisition proceeding which acquired
for public purpose;
6. that it is humbly stated by the
deponent the rate of land with respect
to payment of compensation was
determined on the basis of criteria laid
down by the state government under
the land Acquisition Act as such the
Patna High Court CWJC No.19259 of 2016(2) dt.21-08-2025
7/10
value of the land under land
Acquisition was determined at Rs.
4,50,000/- per acres. Accordingly,
award was prepared on 22.7.2013 vide
Award no. 59 area 1.05 acres sum of
Rs. 6,85,125/ in the name of petitioner
arising out of land Acquisition case no.
3/2011-12 same has been received by
the petitioner on 22.7.2013 with
protest;
7. that it would be relevant to state here
that notice under section 12 (2) of the
Act was issued on 27.5.2013 by the
respondent no. 5 which was received
on 8.6.2013 by the petitioner thereafter
petitioner was sent a petition under
section 18 of the Act through a
registered post which was received
office of the deponent on 4.9.2013 and
a similar petition was received on
31.8.2013 office of the Collector,
Purnea;
Patna High Court CWJC No.19259 of 2016(2) dt.21-08-2025
8/10
8. that the petitioner application under
section 18 of the Act was properly
examined by the respondent no. 5 and
it has been held that her application
was time barred under section 18 of the
land acquisition Act accordingly her
application vide order dated
18.10.2013 which was rejected by
speaking and reason order as per law.
4. Further, in para-9, it has been recorded that for
the construction of Khutahari Dhar Jal Nikash(Sewerage)
Project, most of the land holders voluntarily accepted the
compensation amount and few individuals including the
petitioner are agitating the matter.
5. This counter affidavit was served upon the
petitioner on 07.02.2017 and there is no rebuttal to the said
facts recorded in the counter affidavit.
6. Learned counsel for the petitioner submits that he
shall be taking steps under section 18 of the Land Acquisition
Act, 1894 (henceforth for short ‘the Act) for the redressal of
the grievance.
7. Section 18 of ‘the Act’ read as follows:
Patna High Court CWJC No.19259 of 2016(2) dt.21-08-2025
9/10
18. Reference to Court– (1) Any person
interested who has not accepted the
award may, by written application to the
Collector, require that the matter be
referred by the Collector for the
determination of the Court, whether his
objection be to the measurement of the
land, the amount of the compensation,
the persons to whom it is payable, or the
apportionment of the compensation
among the persons interested.
(2) The application shall state the
grounds on which objection to the
award is taken:
Provided that every such
application shall be made,-
(a) if the person making it
was present or represented
before the Collector at the
time when he made his
award, within six weeks from
the date of the Collectors
award;
(b)in other cases, within six
weeks of the receipt of the
notice from the Collector
under section 12, sub-section
(2), or within six months from
Patna High Court CWJC No.19259 of 2016(2) dt.21-08-2025
10/10the date of the Collectors
award, whichever period shall
first expire.
6. In that background, this Court grants liberty to
the petitioner to approach the competent Court under the
aforesaid Act. Needless to add, if such petition is preferred
within eight weeks from today, the Court concerned shall take
into consideration the delay in filing the petition as the writ
petition was pending before this Court for nine long years
while dealing with the limitation petition.
7. The writ petition is disposed of with the
aforesaid.
(Rajiv Roy, J)
Ravi/-
U
[ad_2]
Source link