Patna High Court
Krishna Kumar Singh & Ors vs The State Of Bihar & Ors on 17 October, 2017
Author: Hemant Kumar Srivastava
Bench: Hemant Kumar Srivastava
Patna High Court CWJC No.14060 of 2014 dt.17-10-2017 1
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14060 of 2014
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1. Krishna Kumar Singh son of Late Sheo Bharat Singh R/o Village - Rustamganj,
P.S. Naubatpur, District - Patna
2. Shachi Kant Sharma Son of Late Rajendra Prasad Singh resident of village -
Chesi, Police Station - Naubatpur, District - Patna
3. Shashi Kant Sharma Son of Late Rajendra Prasad Singh resident of village -
Chesi, Police Station - Naubatpur, District - Patna
4. Amar Kumar Singh Son of Late Rajendra Prasad Singh resident of village -
Chesi, Police Station - Naubatpur, District - Patna
5. Ajay Kumar Singh son of Late Rajendr Prasad Singh resident of village - Chesi,
Police Station - Naubatpur, District - Patna
6. Raghevendra Bhagwan through Sudersna Acharya ( Mathadhish ) son of Shyami
Dharnidharna Acharya, Kretpali Asthan, P.S. Naubatpur, District - Patna
7. Baleshwar Sharma Son of Late Ramchandra Singh Village - Pali, P.S.
Naubatpur, District - Patna
8. Yagya Nand Sharma Son of Late Ram Pravesh Singh resident of village - Pali,
P.S. Naubatpur, District - Patna
9. Arvind Kumar Sharma Son of Late Rajdeo Singh resident of village - Pali, P.S.
Naubatpur, District - Patna
.... .... Petitioner/s
Versus
1. The State of Bihar
2. The Secretary Land Acquisition and Land Reforms Department, Government of
Bihar, Patna
3. The Director, Land Acquisition and Land Reforms, Department, government of
Bihar, Secretariat, Patna
4. The District Magistrate-cum-Collector, Patna
5. The Managing Director, Bihar State Road Construction Department, Government
of Bihar, Mechanical Work Shop Campus, near Airport, Sheikhpura, Patna
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Gopal Govind Mishra
For the Respondent/s : Mr. Prabhu Narayan Sharma, AC to AG
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CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA
ORAL JUDGMENT
Date: 17-10-2017
1. Heard learned counsel for the petitioners as well as
learned counsel for the respondents.
2. Petitioners have prayed for quashing the notification
Patna High Court CWJC No.14060 of 2014 dt.17-10-2017 2
no. 15/D.L.A. Patna (N.H.W) 17/11 22125 dated 28.11.2011
which relates to village Chesi, notification no. 15/D.L.A. Patna
(N.H.W) 04/12 401/Patna dated 14.2.2012 which relates to
village Pali, notification no. 15/D.L.A. Patna (N.H.W) 13/11
1660 Patna dated 15.9.2011 which relates to village Mamrejpur
and also for quashing land acquisition proceeding in respect of
lands of the petitioners and also for issuance of mandamus
directing the respondents to initiate a fresh acquisition
proceeding and ensure the payment of acquired lands of the
petitioners in accordance with Right to Fair Compensation and
Transparency in Land Acquisition Rehabilitation and
Resettlement Act, 2013 (in short 'Act, 2013').
3. The claim of the petitioners is that lands of the
petitioners of the aforesaid villages were acquired by the
concerned authority in the year 2011 and 2012 vide several
notifications but neither compensation amount was paid nor
possession was taken and, therefore, the aforesaid acquisition
proceeding shall be deemed to have lapsed under section 24(2)
of the Act, 2013.
4. Counter affidavit has been filed on behalf of
respondent no.5 in which it has specifically been pleaded that
notifications for acquisition of lands were made under Land
Patna High Court CWJC No.14060 of 2014 dt.17-10-2017 3
Acquisition Act, 1894 on 13.2.2012 and 28.11.2011 in respect
of the aforesaid villages and subsequently, award of village
Pali was notified in August, 2012 and similarly, award of
village Chesi was notified in September, 2012. It has further
been pleaded that rate of compensation was calculated on the
basis of the prevailing rate just before notification of section 4
of Land Acquisition Act, 1894 but since compensation could
not be paid to the farmers of the aforesaid villages, respondents
have already decided to make payment of compensation in
accordance with Act, 2013 taking new multiplying factor i.e.
four times more than previous rate calculated.
5. Learned counsel appearing for the petitioners,
having relied upon several decisions of the Hon'ble Apex
Court as well as this court, submitted that award of the
aforesaid villages , admittedly, was prepared in the year 2012
and, therefore, five years have already elapsed and, therefore,
in the aforesaid circumstances, section 24(2) of the Act, 2013 is
applicable in the present case but I am not at all convinced with
the aforesaid submissions because for application of section
24(2) of the Act, 2013, pre-requisite condition is that award
should be prepared five years prior to commencement of the
Act, 2013 and hence, in my opinion, section 24(2) of the Act,
Patna High Court CWJC No.14060 of 2014 dt.17-10-2017 4
2013 is not applicable in this case. Moreover, grievance of the
petitioners is covered under the proviso of the aforesaid section
and the aforesaid fact has been admitted by respondent no.5 in
the counter affidavit because respondent no.5 has specifically
pleaded that calculation of the compensation amount is being
made in accordance with Act, 2013.
6. In view of the aforesaid facts and circumstances,
this petition stands disposed of. However, while calculating
compensation amount in accordance with Act, 2013, the
concerned authority shall keep in mind letter no. 1342 dated
4.12.2015(annexure 8 to the second supplementary affidavit) and shall strictly proceed with the guideline given in the aforesaid letter while calculating compensation amount in respect of acquired lands of the petitioners.
Shahid (Hemant Kumar Srivastava, J)
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 18.10.2017 Transmission NA Date