Patna High Court - Orders
Pratijnya, Social Organisation vs The Union Of India on 4 January, 2023
Author: Sanjay Karol
Bench: Chief Justice, Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8093 of 2019
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Pratijnya, Social Organisation
... ... Petitioner/s
Versus
The Union of India & Ors.
... ... Respondent/s
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with
Civil Writ Jurisdiction Case No. 2988 of 2022
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Vikas Kumar
... ... Petitioner/s
Versus
The Union of India & Ors.
... ... Respondent/s
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Appearance :
(In Civil Writ Jurisdiction Case No. 8093 of 2019)
For the Petitioner/s : Mr. P. K. Shahi, Amicus Curiae
Mr. Manish Kumar, Advocate
Mr. Ansul Madhav, Advocate
Mr. Nikhil Singh, Advocate
Mr. Satyendra Prasad Singh, Advocate
Mr. Shailesh Anand, Advocate
Mr. Shivam Singh, Advocate
Ms. Alka Singh, Advocate
For UOI : Mr. Kumar Priya Ranjan, C.G.C.
Mr. Girish Nandan Abhishek, J.C. to CGC
Mr. Ankur Apurv Singh, J.C. to CGC
Mr. Pallav, J.C. to Kumar Priya Ranjan
Mr. Vibhuti Kumar, Advocate
For the NHAI : Dr. K. N. Singh, A.S.G.
Mr. Devansh Shankar Singh, J.C. to ASG
Dr. Maurya Vijay Chandra, Advocate
Mr. Prabhat Kumar Singh, J.C. to A.S.G.
Mr. Amarjeet, J.C. to A.S.G.
Ms. Anjali Kumari, Advocate
Mr. Abhijeet Gautam, J.C. to A.S.G.
Ms. Prakritita Sharma, A.C. to A.S.G.
Mr. Gaurav Govinda, J.C. to A.S.G.
Mr. Gaurav Kumar, J.C. to A.S.G.
Mr. Rishav Ranjan, Advocate
For the State : Mr. Anjani Kumar, AAG-4
Patna High Court CWJC No.8093 of 2019(70) dt.04-01-2023
2/12
Mr. Alok Kumar Rahi, AC to AAG-4
For the Intervenors : Mr. Rajendra Narain, Sr. Advocate
Mr. Nikhil Singh, Advocate
For the G.M.C : Mr. Ravindra Kumar Priyadarshi, Advocate
For the Concessionaire : Mr. Umesh Prasad Singh, Sr. Advocate
Mr. Ray Saurabh Nath, Advocate
Mr. Amresh Kumar Jha, Advocate
Mr. Manjari Nath, Advocate
Ms. Shalini Sinha, Advocate
Mr. Sanjay Jain, Advocate
Mr. Sudhir Kumar, Advocate
For the NTPC : Mr. Amaresh Kumar Sinha, Advocate
For the respondents : Mr. Manish Gupta, Advocate
Mr. Ray Saurabh Nath, Advocate
Mr. Sanjay Jain, M.D., M/s J.S.P. Project
Pvt. Ltd. (In Person)
(In Civil Writ Jurisdiction Case No. 2988 of 2022)
For the Petitioner/s : Mr. Vikas Kumar (In Person)
For Union of India : Mr. Kumar Priya Ranjan, CGC
Ms. Pallav, J.C to Kumar Priya Ranjan
For the NHAI : Dr. K. N. Singh, A.S.G.
Dr. Maurya Vijay Chandra, Advocate
Mr. Prabhat Kumar Singh, J.C to ASG
Mr. Amarjeet, J.C to A.S.G
Ms. Anjali Kumari, Advocate
Ms. Prakritita Sharma, A.C. to ASG
Mr. Gaurav Govinda, J.C. to ASG
Mr. Devansh Shankar Singh, J.C. to ASG
Mr. Vivek, J.C. to ASG
Mr. Abhijeet Gautam, Advocate
For the State : Mr. Anjani Kumar, AAG-4
Mr. Manoj Kumar Ambastha, SC 26
Mr. Alok Kumar Rahi, A.C. to AAG-4
Mr. Subodh Kumar, A.C. to SC-26
For the NTPC : Mr. Amresh Kumar Sinha, Advocate
For the Contractor : Mr. Umesh Prasad Singh, Sr. Advocate
Mr. Ray Saurabh Nath, Advocate
Mr. Amresh Kumar Jha, Advocate
Mr. Manjari Nath, Advocate
Ms. Shalini Sinha, Advocate
Mr. Sanjay Jain, Advocate
Mr. Sudhir Kumar, Advocate
For the DFCC : Ms. Tiwari Shwetketu, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
Patna High Court CWJC No.8093 of 2019(70) dt.04-01-2023
3/12
(Per: HONOURABLE THE CHIEF JUSTICE)
70 04-01-2023Package No. II We have perused the report pertaining to Package No. II, as submitted by the Local Commissioners, namely, Ms. Surya Nilambari, Mr. Akash Keshav, Ms. Akanksha Malviya, Mr. Utkarsh Bhushan, Mr. Alok Abhinav, Mrs. Pratibha and Mrs. Chhaya Kirti.
The Local Commissioners have pointed out various factors, which are coming in the way of expeditious completion of the work, more so, within the timeline indicated by the contractor in terms of the undertaking. However, this would not preclude the contractor from executing the work with respect to the other areas, for the obstructions, as pointed out by the Local Commissioners, are only with respect to very very small patches/parcels of land.
Obstacle No. 1:- Obstructions by certain persons:
In all, we find the Local Commissioners to have given reference of eight persons, out of which, in view of stands taken by the respondents, we refer to and deal with only five such cases;
(i) Lal Dev Singh and similarly situated persons in mauza (as indicated in sl. no. 4, page 7 of the report).
We find that there is a genuine dispute raised by the Patna High Court CWJC No.8093 of 2019(70) dt.04-01-2023 4/12 said claimant(s) for acquisition of land. The compensation stands wrongly disbursed in favour of a third party against whom proceedings for recovery stands initiated more so and in terms of Bihar & Orissa Public Demands Recovery Act, 1914.
Well, initiation of such proceedings cannot be a defence in not paying the compensation amount to the rightful claimant. As such, independent of the process of recovery of the amount wrongly disbursed as initiated by the State, the District Magistrate shall forthwith disburse the amount so adjudicated to the claimants referred to at sl. no. 4.
The undisputed amount shall positively be disbursed to the claimants complying with all the formalities within a period of one week from today.
However, should the claimants dispute the amount of compensation, it shall be open for them to take recourse to the remedies as provided under the National Highways Act, 1956 and initiation of such process shall not come in the way of the authorities taking over the possession of land from the claimants and in turn handing over to NHAI/contractor.
It stands clarified that since the NHAI had already deposited the amount for remittance to the rightful claimants, it shall not be saddled with twice over.
Patna High Court CWJC No.8093 of 2019(70) dt.04-01-2023 5/12 We direct the process for recovery of the amount wrongly disbursed to the third party to be expedited.
(ii) Sanjay Kumar and similarly situated persons in mauza (as indicated in sl. no. 5, page 8 of the report):
Shri Anjani Kumar, learned A.A.G.-IV, states that the amount already stands deposited with the competent authority, also possession of the acquired land taken over and handed over to NHAI. However, since the claimants are obstructing construction of the road, the District Magistrate as also the Superintendent of Police, Jehanabad shall depute a special force with a Magistrate ensuring smooth execution of work at the spot.
We clarify that the claimants would be entitled to receive the compensation in accordance with law.
(iii) Munni Kumari, W/o Mahesh and similarly situated persons in mauza (as indicated in sl. no. 6, page 10 of the report):
Shri Anjani Kumar, learned A.A.G.-IV, states that even though a camp was organised in sensitizing the villagers/claimants and helping them to complete the formalities for receipt of the compensation amount, but since the claimants are not coming forward an endeavour shall be Patna High Court CWJC No.8093 of 2019(70) dt.04-01-2023 6/12 made to deposit the amount payable as compensation with the authorities within a period of one week. Thereafter, possession be taken over and handed over to NHAI/contractor.
Ordered accordingly.
However, we direct the District Magistrate as also the Superintendent of Police, Jehanabad to depute a special force with a Magistrate ensuring smooth execution of work at the spot.
(iv) Chandan Kumar and similarly situated persons in mauza (as indicated in sl. no. 7, page 11 of the report):
Even though as per the Local Commissioners' report, the claimant are causing hindrance but as per the statement placed on record by the State, as on date, there is no hindrance. Any which way, we direct the District Magistrate as also the Superintendent of Police, Jehanabad to depute a special force with a Magistrate ensuring smooth execution of work at the spot.
(v) Surendra Sharma and similarly situated persons in mauza (as indicated in sl. no. 8, page 12 of the report):
We direct the Respondent-State to deposit the compensation amount within a period of one week and take over possession of the acquired land and hand it over to NHAI. Patna High Court CWJC No.8093 of 2019(70) dt.04-01-2023 7/12 However, we direct the District Magistrate as also the Superintendent of Police, Jehanabad to depute special force with a Magistrate ensuring smooth execution of work at the spot.
At this stage, Shri Anjani Kumar points out that there are other cases which the State has recently noticed, where compensation is yet required to be deposited by NHAI.
Illustratively, reference is given in a tabular form of one Devanand Ji, Deepak Gop, Rupchand etc., which is extracted as under:-
Dr. K.N.Singh, learned Addl. Solicitor General, states that initially it was the case of the State that the land belongs to the State, but subject to proper verification of the revenue record, should the State make a reference for payment to the Patna High Court CWJC No.8093 of 2019(70) dt.04-01-2023 8/12 rightful claimants, who are individual land owner, steps for acquisition of land in terms of the N.H.Act shall be undertaken.
Any which way, we direct that in all circumstances, the District Magistrate as also the Superintendent of Police, Jehanabad shall depute a special force with a Magistrate ensuring smooth execution of work on the entire stretch of road.
Obstacle(s)-Shifting of religious structures & schools:
(i) School at Belaganj:- remedial measures already stand taken for the children, who are being imparted education at the said school, now stands attached with Primary School Khaneta (S.C.Tola), which is in close proximity of the said school.
As such, we are of the considered view that NHAI/contractor can now commence construction work on this stretch.
(ii) Shifting of temples:- In all, there are four religious places (temples) which are required to be shifted.
Significantly, the places were the temples are required to be constructed, stand identified; structure built up and only the deities are to be shifted as per rituals.
We are informed that hopefully within the next 15 days, the process of shifting will begin after 14th of January, Patna High Court CWJC No.8093 of 2019(70) dt.04-01-2023 9/12 2023.
We direct the District Magistrate, Jehanabad to immediately convene a meeting of all the stakeholders and ensure shifting of the deities by associating the members of the local community and keeping in view the religious sentiments.
Package No. III We have perused the report pertaining to Package No. III as submitted by the Local Commissioners, namely, Ms. Shrishti Singh, Mr. Devashish Giri, Mr. Ashutosh Kumar Upadhyaya, Mr. Sumit Kumar, Ms. Riya Giri, Ms. Puja Prasad and Ms. Archana Kumari.
The Local Commissioners have pointed out various factors which are coming in the way of expeditious completion of the work, more so, within the timeline indicated by the contractor in terms of the undertaking. However, this would not preclude the contractor from executing the work with respect to the other areas, for the obstructions as pointed out by the Local Commissioners, are only with respect to very very small patches/parcels of land.
Obstacle(s):
(i) School at Baiju Bigha:- the issue of shifting of school at Baiju Bigha, Gaya stands resolved with the Patna High Court CWJC No.8093 of 2019(70) dt.04-01-2023 10/12 Government now shifting the children and attaching them with the school at Panchayat Bhawan Karmauni.
(ii) Temples:- within the next four working days, the issue of completion of work and removing the obstructions would be cleared.
(iii) Wells:- Shri Anjani Kumar states that appropriate action shall be taken positively within next two working days with the proposal forwarded to NHAI.
Dr. K.N.Singh states that within ten days from the receipt thereof, the proposal would be processed and the action taken in the affirmative and thereafter State shall release the amount to the rightful claimants in accordance with law.
(iv) Walls:- We direct the District Magistrate, Gaya to ensure that appropriate action is taken within one week from today and the site complete in all respect handed over to NHAI within one week thereafter.
(v) Traffic Picket:- We direct the District Magistrate, Gaya to ensure that appropriate action is taken for removing the Traffic Picket in due course.
(vi) Land:- It appears that the compensation could not be paid to the rightful claimants on account of non-completion of the formalities by them.
Patna High Court CWJC No.8093 of 2019(70) dt.04-01-2023 11/12 We direct the State that within one week from today the entire process of disbursement of compensation to the rightful claimants be completed and in the event of the claimants not coming forward to complete the formalities, the same be deposited with the District Judge for disbursement in accordance with the provisions of the N.H.Act. Thereafter, the State shall take over possession of the land and hand it over to NHAI who in turn will hand over to the contractor.
Any which way, we direct that in all circumstances, the District Magistrate as also the Superintendent of Police, Gaya shall depute a special force with a Magistrate ensuring smooth execution of work on the entire stretch of road.
Shri Ray Saurabh Nath, learned counsel appearing on behalf of the contractor, states that Shri Sanjay Jain, Managing Director of M/s JSP Projects Pvt. Ltd., is busy in getting the work executed at the spot, as such, his presence may be dispensed with.
Ordered accordingly.
The contractor shall respond to the report of the Local Commissioners vis a vis the deployment of men and machinery is concerned.
Learned counsel for the D.F.C.C. states that within Patna High Court CWJC No.8093 of 2019(70) dt.04-01-2023 12/12 next two working days, he shall obtain instructions, the timeline within which the clearances for the road over-bridge (ROB) shall be accorded by the authorities.
List on 10.01.2023.
(Sanjay Karol, CJ) ( Partha Sarthy, J) Prakash/Sujit U