Patna High Court - Orders
Sunita Kumari, vs The State Of Bihar on 25 September, 2025
Author: Rajiv Roy
Bench: Rajiv Roy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15120 of 2025
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Sunita Kumari,
... ... Petitioner/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Sumeet Kumar Singh, Adv.
For the Respondent/s : Mr. Standing Counsel (18)
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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 25-09-2025Heard Mr. Sumeet Kumar Singh, learned counsel for the petitioner and the State.
2. No one appears on behalf of the Patna Metro though copies have been served upon Rajanikant Kumar who duly signed the copies on 06.08.2025.
3. The present application has been preferred for the following relief(s):
(i) for quashing the process of acquisition published in the daily newspaper "Hindustan" dated 23.10.2021 (Annexure.
P/19) under Section-11(1) of the Right To Fair Compensation And Transparency in Land Acquisition, Rehabilitation And Resettlement Act, 2013 (hereinafter referred to as "RFCTLARR ACT, 2013 for the sake of Brevity") which has been initiated under the signature of the District Magistrate, Patna Patna High Court CWJC No.15120 of 2025(2) dt.25-09-2025 2/7 with regard to 50.5950 acres of land bearing Mauja-Pahadi, Revenue PS-Patna City, Thana No.-14, and 25.35 acres of land and in Mauja-Ranipur, in Revenue P.S. Patna city, Thana No.- 19, Circle-Patna Sadar, District-Patna and, altogether 75.96 acres of land is tentative to be acquired vide under Project Patna Metro (Rail Depot Corporation); on the ground that the notification dated 23.10.2021 is incorrect, the process is without following the Social Impact Assessment (herein after referred as "
S.I.A. for the sake of brevity"), the action is in violation of Section-4, 6 & 7 of RFCTLARR Act, 2013, the notification is itself wrong as the same on the face of record states that there is no displacement of people and the S.I.A. report is totally contradictory stating there is displacement of people;
(ii) that the present writ application is being filed in the nature of Certiorari for quashing the report of the Social Impact Assessment in relation to the Patna Metro Rail depot Corporation (Annexure-P/12); as the same is complete violation of section 4, 6 and 7 of the "RFCTLARR Act, 2013"; on the ground that no proper opportunity of hearing was given to the public at large as the entire process Patna High Court CWJC No.15120 of 2025(2) dt.25-09-2025 3/7 was conducted during the outbreak of COVID-19 second wave, the sample admittedly is of small size and there is no finding for alternative land despite of the objections raised by the affected families; there is no giving of 21 days' notice for public hearing as per Bihar Right To Fair Compensation And Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2014 (herein after referred " Rules, 2014" for the sake of brevity);
(iii) that the present writ application is filed in the nature of Certiorari for quashing the formation of the Technical Expert Group under Section-7 of RFCTLARR Ac., 2013 dated 23.06.2021 (Annexure-P/13) by which expert committee has been constituted; on the ground that the two members at serial no 6 and 7 who have been added as two representatives of the Panchayat, Gram Sabha, Municipality, or Municipal Corporation as the case may be. It is pertinent to mention herein that the said members do not belong to the municipality under which the land is intended to be acquired of ward no.56;
(iv) that the present writ application is filed in the nature of Certiorari for quashing the Technical Expert Report under Section-7 of RFCTLRRA, 2013 Patna High Court CWJC No.15120 of 2025(2) dt.25-09-2025 4/7 dated 30.06.2021 (Annexure. P/14) by which expert committee has submitted the report; on the ground that the section-7(2)(b) has been violated on the face of the record and in violation of the intention and objective of the RFCTLRRA, 2013;
(v) that the present writ application is being filed in the nature of Certiorari for quashing the order dated 02.02.2022 (Annexure-P/19-A) passed by the District Land Acquisition Officer, Patna who has been pleased to dismiss the objection filed by the petitioner no. 5,6,9 under Section-11 of the Act; the order passed has not considered the objection filed by the petitioner no.5, 6, the objection has been summarily rejected, it is a non-speaking order, there is no consideration of the law as per the Act by the District Land Acquisition Officer, Patna, there is no finding or opinion for alternative land, there is no reason assigned in the order;
(vi) that the present Writ application is being filed in the nature of 06.05.2012 Certiorari for quashing the order dated 06.05.2022 (Annexure. K P/20) passed by the District Land Acquisition Officer, Patna by which the objection filed by the petitioner No.8, namely Ahilya Tiwari has been rejected on the ground that the Patna High Court CWJC No.15120 of 2025(2) dt.25-09-2025 5/7 objection has been rejected without assigning any reason contrary to section 15 of RFCTLARR Act 2013;
(vii) that the present writ application is being filed in the nature of Certiorari for quashing the paper publication dated 06.05.2022 (Annexure- P/20) under Section-19 of the of the Right To Fair Compensation And Transparency in "RFCTLARR ACT, 2013" issued under the signature of District Magistrate, Patna with regard to 50.5950 acres of land bearing Mauja-Pahadi, Revenue PS- Patna City, Thana No.-14, and 25.35 acres of land and in Mauja-Ranipur, in Revenue PS Patna city, Thana No.- 19, Circle-Patna Sadar, District- Patna and, altogether 75.96 acres of land under Project Patna Metro (Rail Depot Corporation); on the ground that the notification dated 11.05.2022 is incorrect, the process is without following the SIA, the action is in violation of section-4, 6 & 7 of RFCTLARR Act, 2013, the notification is itself wrong as the same on the face of record states that there w no displacement of people and the SIA report is totally contradictory stating there is displacement of people, there is no proper disposal of the objection in term of section-15 of the RFCTLARR Act, 2013, there is no public Patna High Court CWJC No.15120 of 2025(2) dt.25-09-2025 6/7 hearing in terms of Rules, 2014 in the S.I.A. report;
(viii) that the present writ application is being filed in the nature of Certiorari for quashing the award prepared dated 04.08.2022 (Annexure-P/21 & P/21-A) issued under the signature of District Magistrate-Cum -Collector, Patna Respondent No. 5 by which award in L.A. Case No. 29/2021-2022 and L.A. Case No.30 of 2021-2022 for Patna Metro Rail Depot Construction under Mauza-Pahari and Mauza-Ranipur respectively has been prepared under Thana No. 14 has been prepared and under Section 23 and Section- 30 of the RFCTLARR Act, 2013; on the ground that the award prepared under Section-23 and under Section-30 is in breach of Section-30(2) of the 2013 Act, the due process of law has not been followed as per the law, the entire award under form IX as per the Rules, 2014 is incorrect, improper, illegal, there is no process followed under section-21 and 26 of the RFCTL/RR Act, 2013;
4. This application shall be heard.
5. Let the State-respondent nos. 1 to 6 and Patna Metro, respondent nos. 7 to 11 file their respective comprehensive affidavits in the matter. Patna High Court CWJC No.15120 of 2025(2) dt.25-09-2025 7/7
6. The petitioner is free to file rejoinder as also supplementary affidavit bringing on record further facts/judgments.
7. Pleadings to be exchanged in six months.
8. Rule is made returnable within a period of one year.
(Rajiv Roy, J) Vijay Singh/-
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