Patna High Court – Orders
Brijnandan Prasad Singh vs The State Of Bihar And Ors on 7 January, 2025
Author: Sunil Dutta Mishra
Bench: Sunil Dutta Mishra
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10794 of 2017
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Brijnandan Prasad Singh Son of late Ramchandr Yadav, Resident of Village-
Sakaddi, P.S. Koilwar, District- Bhojpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary Govt. of Bihar.
2. The Commissioner, Patna.
3. The Collector, Bhojpur at Ara.
4. The Addl. Collector, Bhojpur at Ara.
5. The Land Reform District, Bhojpur at Ara.
6. The District Land Acquistion Officer, Bhojpur at Ara.
7. The Sub-Div. Magistrate, Cum-Addl. Land Acquisition Bhojpur at Ara.
8. The Circle Officer, Koilwer Circle, Koilwer, District- Bhojpur.
9. The Circle Inspector, Koilwer Circle, Koilwer, District- Bhojpur.
10. The Halka Karmchari, Koilwer Circle, Koilwer, District- Bhojpur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Kamlesh Kumar, Advocate.
: Ms. Kahkashan Alam, Advocate.
For the Respondent/s : Mr. Dhurjati Kumar Prasad, GP-14.
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CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 07-01-2025
Heard learned counsel for the parties.
2. In the instant petition, the petitioner has prayed for
the following reliefs:-
“i. For the quashing of entire land acquisition
proceeding by which land is being acquired for state highway 81
(Sakaddi to Nasriganj) in non compliance of the provision under
section 5A and section 9 in pursuant to section 4 & 9 of the Land
Acquisition Act 1894 (hereinafter in short referred as L.A. Act,
1894).
ii. Further quashing of the said proceeding for non
compliance of the provision of section ‘9’ in pursuant to the
declaration under section 6 as published on 28.02.2012 in daily
news paper under L.A. Act, 1894.
iii. Further to declare that the land acquisition
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proceeding initiated under L.A. Act 1894 is lapsed on the ground in
terms of section 24 of the New Act 2013 as the Right to Fair
compensation and Transparency in land Acquisition, Rehabilitation
and Resettlement Act, 2013. (hereinafter in short referred as R.F.
C.T. L.A. R.R. Act, 2013) and still till date physical possession of
the land in question has not been taken nor the compensation has
been paid to the petitioner by the respondent.
iv. To declare that quantum of award has been made
under either old or new Act is invalid in non compliance of
provision of L.A. Act, 1894.
v. After the quashing of entire acquisition proceeding,
direction be given to the respondent Authorities to initiate the fresh
proceeding for the land in question under RFCTLARR Act, 2013 or
to calculate and to determine the quantum of Award for the land in
question accordance with the provision laid down under sec. 26 to
30 of the new Act 2013 or w.e.f. 01.01.2014 to the petitioners as so
he submitted representation earlier to the respondents.
vi. Any other relief/ reliefs be granted to the petitioner
as so he is entitled in eye of law.”
3. After some arguments, learned counsel for the
petitioner submits that present writ petition may be disposed of
with liberty to the petitioner to file proper and detailed
representation / application before the competent authority /
Land Acquisition, Rehabilitation and Resettlement Authority
(LARRA), Patna.
4. Learned counsel for the respondent-State submits
that the compensation amount has already been deposited with
LARRA and he has no objection with the prayer of the
petitioner for grant of liberty to raise his grievances before the
LARRA / competent Authority.
5. In view of the submissions made on behalf of the
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petitioner, the present writ petition stands disposed of with
liberty to the petitioner to file proper and detailed representation
/ application before the competent authority / Land Acquisition,
Rehabilitation and Resettlement Authority (LARRA), Patna for
redressal of his grievance(s) within a period of six weeks from
today.
6. On filing the said representation / application by the
petitioner within the said period, the same shall be disposed of
after hearing the parties in accordance with law, preferably
within a period of six months from the date of filing of such
representation / application.
7. With the aforesaid observations and directions, the
present writ petition stands disposed of.
(Sunil Dutta Mishra, J)
Ritik/-
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