Patna High Court - Orders
Rameshwar Mehta vs The State Of Bihar & Ors on 18 September, 2018
Author: Birendra Kumar
Bench: Birendra Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8360 of 2018
======================================================
Rameshwar Mehta
.... .... Petitioner/s
Versus
The State of Bihar & Ors
.... .... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
Mr. Dhananjay Kumar Gupta, Advocate
Mr. Deepak Kumar, Advocate
For the Respondent/s : Mr. Sajid Salim Khan, SC-25
======================================================
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
ORAL ORDER
2 18-09-2018Heard learned counsel for the petitioner.
Submission of the learned counsel for the petitioner is that by notification dated 11.05.2016, issued under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Plot No.1416, under Khata No.80, at Serial No.108 of the notification, which was of the petitioner, acquired by the respondent authorities and the said notification vide Annexure-6 to the supplementary affidavit shows that the nature of land is residential. Thereafter, in notification issued under Section 19(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, dated 12.05.2016, at Annexure-7, the said land is mentioned as residential. The respondent authorities paid compensation accordingly. Thereafter, Patna High Court CWJC No.8360 of 2018 (2) dt.18-09-2018 P3/ some verification report of the land was submitted by a Committee constituted by the respondent authorities and in that report the land was shown as agriculture land. Accordingly, the respondents recalculated the compensation amount and have issued notice for recovery of the excess amount paid vide notice dated 17.03.2018 at Annexure-4 and side-by-side has freeze the bank account of the petitioner wherein compensation amount was paid.
Prayer of the learned counsel for the respondents is for four weeks time to file detailed counter affidavit.
Learned counsel for the respondent submits that it would be evident from Annexure-2 itself that before reducing the amount of compensation the petitioners were noticed and were heard. The respondent shall produce order sheet of the relevant record to substantiate that in fact the petitioner was heard. The respondents shall further inform the Court about action taken against the officials, who were responsible for submitting wrong earlier report about the nature of the land.
Considering the factual position aforesaid, let the operation of the notice dated 17.03.2018, issued by the District Land Acquisition, Araria, at Annexure-4, remain stayed, till further order. The respondents are directed to immediately release the freeze account of the petitioner on petitioner's filing bond to Patna High Court CWJC No.8360 of 2018 (2) dt.18-09-2018 P3/ reimburse the aforesaid amount if needed in future.
Let the State-respondents file counter affidavit within four weeks positively. The affidavit must be sworn either by respondent No.4, the District Magistrate-cum-Collector, Araria, or respondent No.6, the District Land Acquisition Officer, Araria, whoever be conversant with the facts of the case.
List after filing of the counter affidavit or on 29.10.2018 whichever is earlier.
(Birendra Kumar, J) Mkr./-
U