Patna High Court
Madan Sah vs The State Of Bihar And Ors on 10 December, 2024
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6336 of 2018
======================================================
Madan Sah, Son of Surya Narayan Sah, Resident of Village- Bhadraswar,
Anchal- Farbisganj, District- Araria.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Revenue and Land Reforms
Department, Govt. of Bihar, Patna
2. The Principal Secretary, Land Acquisition Department, Govt. of Bihar,
Patna.
3. The Director, Land Acquisition and Rehabilitation, Government of Bihar,
Patna.
4. The District Magistrate/Collector, Araria, District- Araria.
5. The Special Land Acquisition Officer, Araria, District- Araria.
6. The District Land Acquisition Officer, Araria, District- Araria.
7. The Executive Engineer, Road Construction Department, Road Division,
District- Araria.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 6510 of 2018
======================================================
1. Sapan Kumar Das
2. Pawan Kumar Das
3. Ranjan Kumar Das
4. Raghunath Das
5. Bharat Kumar Das
6. Arjun Kumar Das
All are Sons of Adhan Chandra Das, Resident of Village- Refuge Colony,
Bela, P.S.- Narpatganj, Dist- Supaul.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Revenue and Land Reforms
Department, Govt. of Bihar, Patna
2. The Principal Secretary, Land Acquisition Department, Govt. of Bihar,
Patna.
3. The Director, Land Acquisition and Rehabilitation Department, Govt. of
Bihar, Patna.
4. The District Magistrate/Collector, Araria, District- Araria.
5. The Special Land Acquisition Officer, Araria, District- Araria.
Patna High Court CWJC No.6336 of 2018 dt.10-12-2024
2/36
6. The District Land Acquisition Officer, Araria, District - Araria.
7. The Executive Engineer, Road Construction Department, Road Division,
District - Araria.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 6668 of 2018
======================================================
Anita Devi, W/o Sri Muktanand Jha, Residing at Narendra Sadan, Flat No.
2A, 2nd Floor, Justice Mandal Path Road no. 3, Ward No. 22, P.O. + P.S.-
Shastringar, Distt.- Patna- 23.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Revenue and Land Reforms
Department, Govt. of Bihar, Patna
2. The Principal Secretary, Land Acquisition Department, Govt. of Bihar,
Patna.
3. The Director, Land Acquisition and Rehabilitation Department, Govt. of
Bihar, Patna.
4. The District Magistrate/Collector, Araria, District- Araria.
5. The Special Land Acquisition Officer, Araria, District- Araria.
6. The District Land Acquisition Officer, Araria, District- Araria.
7. The Executive Engineer, Road Construction Department, Road Division,
District- Araria.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 6698 of 2018
======================================================
Moti Lal Mehta, Son of Thuthar Mehta, Resident of Village-Bela, Ward No.
5, P.S. Narpatganj, Distt. Araria.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Revenue and Land Reforms
Department, Govt. of Bihar, Patna
2. The Principal Secretary, Land Acquisition Department, Govt. of Bihar,
Patna.
3. The Director, Land Acquisition and Rehabilitation Department, Government
of Bihar, Patna.
4. The District Magistrate/Collector, Araria, District- Araria.
5. The Special Land Acquisition Officer, Araria, District- Araria.
6. The District Land Acquisition Officer, Araria, District- Araria.
Patna High Court CWJC No.6336 of 2018 dt.10-12-2024
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7. The Executive Engineer, Road Construction Department, Road Division,
District- Araria.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 6876 of 2018
======================================================
Pramod Kumar Mandal, Son of Late Baldeo Mandal, Resident of Village-
Atiyari, Forbesganj, P.S.- Forbesganj, District- Araria.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Revenue and Land Reforms
Department, Govt. of Bihar, Patna
2. The Principal Secretary, Land Acquisition Department, Govt. of Bihar,
Patna.
3. The Director, Land Acquisition and Rehabilitation, Department, Govt. of
Bihar, Patna.
4. The District Magistrate/Collector, Araria, District- Araria.
5. The Special Land Acquisition Officer, Araria, District- Araria.
6. The District Land Acquisition Officer, Araria, District- Araria.
7. The Executive Engineer, Road Construction Department, Road Division,
District- Araria
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 6878 of 2018
======================================================
Sanjay Kumar Sah, Son of Late Ramjee Sah, Resident of Village- Jogwani,
Ward No.11, P.S.- Forbesganj, District- Araria.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Revenue and Land Reforms
Department, Govt. of Bihar, Patna
2. The Principal Secretary, Land Acquisition Department, Govt. of Bihar,
Patna.
3. The Director, Land Acquisition and Rehabilitation, Department, Govt. of
Bihar, Patna.
4. The District Magistrate/ Collector, Araria, District- Araria
5. The Special Land Acquisition Officer, Araria, District- Araria.
6. The District Land Acquisition Officer, Araria, District- Araria.
7. The Executive Engineer, Road Construction Department, Road Division,
District- Araria
Patna High Court CWJC No.6336 of 2018 dt.10-12-2024
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... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 6913 of 2018
======================================================
Rahul Kumar Tejaswi, Son of Jeevan Prasad Sah, Resident of Village
Forbesganj, P.S. Forbesganj, District- Araria.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Revenue and Land Reforms
Department, Govt. of Bihar, Patna
2. The Principal Secretary, Land Acquisition Department, Govt. of Bihar,
Patna.
3. The Director, Land Acquisition and Rehabilitation Department, Govt. of
Bihar, Patna.
4. The District Magistrate/Collector, Araria, District- Araria.
5. The Special Land Acquisition Officer, Araria, District- Araria.
6. The District Land Acquisition Officer, Araria, District- Araria.
7. The Executive Engineer, Road Construction Department, Road Division,
District- Araria.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 6933 of 2018
======================================================
Arvind Kumar Sah, Son of Late Dashrath Sah, resident of Village- Jogbani,
Ward No. 6, P.S.- Forbesganj, District- Araria.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Revenue and Land Reforms
Department, Govt. of Bihar, Patna
2. The Principal Secretary, Land Acquisition Department, Govt. of Bihar,
Patna.
3. The Director, Land Acquisition and Rehabilitation Department, Government
of Bihar, Patna.
4. The District Magistrate/ Collector, Araria, District- Araria.
5. The Special Land Acquisition Officer, Araria, District- Araria.
6. The District Land Acquisition Officer, Araria, District- Araria.
7. The Executive Engineer, Road Construction Department, Road Division,
District- Araria.
... ... Respondent/s
Patna High Court CWJC No.6336 of 2018 dt.10-12-2024
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======================================================
with
Civil Writ Jurisdiction Case No. 7076 of 2018
======================================================
Gurudev Bahardar, S/o Mahesh Lal Das, Resident of Village- Bhadeswar,
P.S.- Farbisganj, District- Araria.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Revenue and Land Reforms
Department, Govt. of Bihar, Patna
2. The Principal Secretary, Land Acquisition Department, Govt. of Bihar,
Patna.
3. The Director, Land Acquisition and Rehabilitation, Department, Govt. of
Bihar, Patna.
4. The District Magistrate/Collector, Araria, District- Araria
5. The Special Land Acquisition Officer, Araria, District- Araria.
6. The District Land Acquisition Officer, Araria, District- Araria.
7. The Executive Engineer, Road Construction Department, Road Division,
District- Araria
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 7149 of 2018
======================================================
Nirmala Devi, W/o Sri Tirthanand Jha, Resident of Village- Parwaha Ward
no.14, P.S.- Farbisganj, Dist- Araria.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Revenue and Land Reforms
Department, Govt. of Bihar, Patna
2. The Principal Secretary, Land Acquisition Department, Govt. of Bihar,
Patna.
3. The Director, Land Acquisition and Rehabilitation Department, Govt. of
Bihar, Patna.
4. The District Magistrate/Collector, Araria, District- Araria.
5. The Special Land Acquisition Officer, Araria, District- Araria.
6. The District Land Acquisition Officer, Araria, District- Araria.
7. The Executive Engineer, Road Construction Department, Road Division,
District- Araria.
... ... Respondent/s
======================================================
with
Patna High Court CWJC No.6336 of 2018 dt.10-12-2024
6/36
Civil Writ Jurisdiction Case No. 7156 of 2018
======================================================
Gobardhan Sah, S/o Badri Sah, Resident of village- Bhadeswar, P.S.-
Farbisganj, District- Araria.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Revenue and Land Reforms
Department, Govt. of Bihar, Patna
2. The Principal Secretary, Land Acquisition Department, Govt. of Bihar,
Patna.
3. The Director, Land Acquisition and Rehabilitation Department, Govt. of
Bihar, Patna.
4. The District Magistrate/Collector, Araria, District- Araria.
5. The Special Land Acquisition Officer, Araria, District- Araria.
6. The District Land Acquisition Officer, Araria, District- Araria.
7. The Executive Engineer, Road Construction Department, Road Division,
District- Araria.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 7346 of 2018
======================================================
Rajendra Kumar Ray, Son of Late Satya Narayan Ray, Resident of Village-
Bela, Yadav Tola, P.S.- Forbesganj, District- Araria.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Revenue and Land Reforms
Department, Govt. of Bihar, Patna
2. The Principal Secretary, Land Acquisition Department, Govt. of Bihar,
Patna.
3. The Director, Land Acquisition and Rehabitation Department, Govt. of
Bihar, Patna.
4. The District Magistrate/Collector, Araria, District- Araria.
5. The Special Land Acquisition Officer, Araria, District- Araria.
6. The District Land Acquisition Officer, Araria, District- Araria.
7. The Executive Engineer, Road Construction Department, Road Division,
District- Araria.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 7372 of 2018
======================================================
Patna High Court CWJC No.6336 of 2018 dt.10-12-2024
7/36
Raghunandan Mehta, Son of Lakshman Mehta, Resident of Village- Bela,
P.S.- Narpatganj, Dist.- Supaul.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Revenue and Land Reforms
Department, Govt. of Bihar, Patna
2. The Principal Secretary, Land Acquisition Department, Govt. of Bihar,
Patna.
3. The Director, Land Acquisition and Rehabilitation Department, Govt. of
Bihar, Patna.
4. The District Magistrate/Collector, Araria, District- Araria.
5. The Special Land Acquisition Officer, Araria, District- Araria.
6. The District Land Acquisition Officer, Araria, District- Araria.
7. The Executive Engineer, Road Construction Department, Road Division,
District- Araria.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 7380 of 2018
======================================================
Vishwanath Pd. Gupta, Son of Late Shyamdeo Gupta, Resident of Village-
Basmatiya, P.S.- Narpatganj, Dist.- Supaul.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Revenue and Land Reforms
Department, Govt. of Bihar, Patna
2. The Principal Secretary, Land Acquisition Department, Govt. of Bihar,
Patna.
3. The Director, Land Acquisition and Rehabilitation, Department, Govt. of
Bihar, Patna.
4. The District Magistrate/Collector, Araria, District- Araria.
5. The Special Land Acquisition Officer, Araria, District- Araria.
6. The District Land Acquisition Officer, Araria, District- Araria.
7. The Executive Engineer, Road Construction Department, Road Division,
District- Araria
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 7391 of 2018
======================================================
Dev Narayan Yadav, Son of Sri Tanuk Lal Yadav, Resident of Village- Bela,
P.S.- Forbesganj, District- Araria.
Patna High Court CWJC No.6336 of 2018 dt.10-12-2024
8/36
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Revenue and Land Reforms
Department, Govt. of Bihar, Patna
2. The Principal Secretary, Land Acquisition Department, Govt. of Bihar,
Patna.
3. The Director, Land Acquisition and Rehabilitation Department, Government
of Bihar, Patna.
4. The District Magistrate/Collector, Araria, District- Araria.
5. The Special Land Acquisition Officer, Araria, District- Araria.
6. The District Land Acquisition Officer, Araria, District- Araria.
7. The Executive Engineer, Road Construction Department, Road Division,
District- Araria.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 7397 of 2018
======================================================
Janki Devi, Wife of late Deo Lal Mehta, Resident of Village- Barouda, ward
no. 8, P.O.- Banaili, Birpur, Distt. Supaul.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Revenue and Land Reform
Department, Govt. of Bihar, Patna
2. The Principal Secretary, Land Acquisition Department, Govt. of Bihar,
Patna.
3. The Director, Land Acquisition and Rehabilitation Department, Government
of Bihar, Patna.
4. The District Magistrate/Collector, Araria, District- Araria.
5. The Special Land Acquisition Officer, Araria, District- Araria.
6. The District Land Acquisition Officer, Araria, District- Araria.
7. The Executive Engineer, Road Construction Department, Road Division,
District- Araria.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 7423 of 2018
======================================================
Shyam Sunder Mehta, Son of Late Sita Ram Mehta, Resident of Village-
Bela, P.S.- Narpatganj, District- Araria.
... ... Petitioner/s
Patna High Court CWJC No.6336 of 2018 dt.10-12-2024
9/36
Versus
1. The State of Bihar through Principal Secretary, Revenue and Land Reforms
Department, Govt. of Bihar, Patna.
2. The Principal Secretary, Land Acquisition Department, Govt. of Bihar,
Patna.
3. The Director, Land Acquisition and Rehabilitation Department, Government
of Bihar, Patna.
4. The District Magistrate/ Collector, Araria, District- Araria.
5. The Special Land Acquisition Officer, Araria, District- Araria.
6. The District Land Acquisition Officer, Araria, District- Araria.
7. The Executive Engineer, Road Construction Department, Road Division,
District- Araria.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 7432 of 2018
======================================================
Rajnish Kumar Jha @ Rajnish Kumar, son of Sri Ugranand Jha, Resident of
Village- Forbesganj, Ward No. 20, P.S. Forbesganj, District- Araria.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Revenue and Land Reforms
Department, Govt. of Bihar, Patna
2. The Principal Secretary, Land Acquisition Department, Govt. of Bihar,
Patna.
3. The Director, Land Acquisition and Rehabilitation Department, Government
of Bihar, Patna.
4. The District Magistrate/ Collector, Araria, District- Araria.
5. The Special Land Acquisition Officer, Araria, District- Araria.
6. The Special Land Acquisition Officer, Araria, District- Araria.
7. The Executive Engineer, Road Construction Department, Road Division,
District- Araria.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 7534 of 2018
======================================================
Ishwar Mehta, Son of Fulchand Mehta, Resident of Village- Mehta Tola Bela,
P.S.- Narpatganj, District- Araria.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Revenue and Land Reforms
Patna High Court CWJC No.6336 of 2018 dt.10-12-2024
10/36
Department, Govt. of Bihar, Patna
2. The Principal Secretary, Land Acquisition Department, Govt. of Bihar,
Patna.
3. The Director, Land Acquisition and Rehabilitation Department, Government
of Bihar, Patna.
4. The District Magistrate/ Collector, Araria, District- Araria.
5. The Special Land Acquisition Officer, Araria, District- Araria.
6. The District Land Acquisition Officer, Araria, District- Araria.
7. The Executive Engineer, Road Construction Department, Road Division,
District- Araria.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 7560 of 2018
======================================================
Duryadhan Chandra Das @ Duryadhan Das, S/o Rakhal Chandra Das,
Resident of Village- Bela, P.S.- Farbisganj, District- Araria.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Revenue and Land Reforms
Department, Govt. of Bihar, Patna
2. The Principal Secretary, Land Acquisition Department, Govt. of Bihar,
Patna.
3. The Director, Land Acquisition and Rehabilitation, Govt. of Bihar, Patna.
4. The District Magistrate/Collector, Araria, District- Araria.
5. The Special Land Acquisition Officer, Araria, District- Araria.
6. The District Land Acquisition Officer, Araria, District- Araria.
7. The Executive Engineer, Road Construction Department, Road Division,
District- Araria.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 7587 of 2018
======================================================
1. Badri Pd. Gupta,
2. Kedar Pd Gupta,
Both are Son of Jagat Pd. Gupta, Resident of Village- Bouraha, P.S.- Birpur,
Dist.-Supaul.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Revenue and Land Reforms
Patna High Court CWJC No.6336 of 2018 dt.10-12-2024
11/36
Department, Govt. of Bihar, Patna.
2. The Principal Secretary, Land Acquisition Department, Govt. of Bihar,
Patna.
3. The Director, Land Acquisition and Rehabilitation, Department, Govt. of
Bihar, Patna.
4. The District Magistrate/Collector, Araria, District- Araria.
5. The Special Land Acquisition Officer, Araria, District- Araria.
6. The District Land Acquisition Officer, Araria, District- Araria.
7. The Executive Engineer, Road Construction Department, Road Division,
District- Araria
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 7592 of 2018
======================================================
Ram Sagar Mehta, Son of late Deo Narayan Mehata, Resident of Village-
Bouraha, P.S. Birpur, District- Supaul.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Revenue and Land Reforms
Department, Govt. of Bihar, Patna
2. The Principal Secretary, Land Acquisition Department, Govt. of Bihar,
Patna.
3. The Director, Land Acquisition and Rehabilitation Department, Government
of Bihar, Patna.
4. The District Magistrate/Collector, Araria, District- Araria.
5. The Special Land Acquisition Officer, Araria, District- Araria.
6. The District Land Acquisition Officer, Araria, District- Araria.
7. The Executive Engineer, Road Construction Department, Road Division,
District- Araria.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 7682 of 2018
======================================================
Chhaya Devi, Wife of Hari Kishore Singh, Resident of Village- Farbisganj,
P.S.- Farbisganj Dist.-Araria.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Revenue and Land Reforms
Department, Govt. of Bihar, Patna
2. The Principal Secretary, Land Acquisition Department, Govt. of Bihar,
Patna High Court CWJC No.6336 of 2018 dt.10-12-2024
12/36
Patna.
3. The Director, Land Acquisition and Rehabilitation Department, Govt. of
Bihar, Patna.
4. The District Magistrate/Collector, Araria, District- Araria.
5. The Special Land Acquisition Officer, Araria, District- Araria.
6. The District Land Acquisition Officer, Araria, District- Araria.
7. The Executive Engineer, Road Construction Department, Road Division,
District- Araria
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 7753 of 2018
======================================================
Gurudev Bahardar, S/o Mahesh Lal Das, Resident of Village- Bhadeswar,
P.S.- Farbisganj, District- Araria.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Revenue and Land Reforms
Department, Govt. of Bihar, Patna.
2. The Principal Secretary, Land Acquisition Department, Govt. of Bihar,
Patna.
3. The Director, Land Acquisition and Rehabilitation Department, Govt. of
Bihar, Patna.
4. The District Magistrate/Collector, Araria, District- Araria.
5. The Special Land Acquisition Officer, Araria, District- Araria.
6. The District Land Acquisition Officer, Araria, District- Araria.
7. The Executive Engineer, Road Construction Department, Road Division,
District- Araria.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 7758 of 2018
======================================================
1. Bidyanand Mandal, Son of Nunu Lal Mandal,
2. Rajendra Prasad Das, Son of Sadanand Mandal,
Both Resident of Village- Matiari, P.S.- Forbesganj, District- Araria.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Revenue and Land Reforms
Department, Govt. of Bihar, Patna.
2. The Principal Secretary, Land Acquisition Department, Govt. of Bihar,
Patna High Court CWJC No.6336 of 2018 dt.10-12-2024
13/36
Patna.
3. The Director, Land Acquisition and Rehabilitation Department, Govt of
Bihar, Patna.
4. The District Magistrate/Collector, Araria, District- Araria.
5. The Special Land Acquisition Officer, Araria, District- Araria.
6. The District Land Acquisition Officer, Araria, District- Araria.
7. The Executive Engineer, Road Construction Department, Road Division,
District- Araria.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 8135 of 2018
======================================================
Gobardhan Sah, S/o Badri Sah, Resident of Village- Bhadeswar, P.S.
Farbisganj, District- Araria.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Revenue and Land Reforms
Department, Govt. of Bihar, Patna
2. The Principal Secretary, Land Acquisition and Rehabilitation, Govt. of
Bihar, Patna.
3. The Director, Land Acquisition and Rehabilitation, Government of Bihar,
Patna.
4. The District Magistrate/ Collector, Araria, District- Araria.
5. The Special Land Acquisition Officer, Araria, District- Araria.
6. The District Land Acquisition Officer, Araria, District- Araria.
7. The Executive Engineer, Road Construction Department, Road Division,
District- Araria.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 8152 of 2018
======================================================
Munna Kumar Sah, Son of Badri Sah, Resident of Village- Bhadeshwar, P.S.-
Forbesganj, District- Araria.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Revenue and Land Reforms
Department, Govt. of Bihar, Patna.
2. The Principal Secretary, Land Acquisition Department, Govt. of Bihar,
Patna.
3. The Director, Land Acquisition Department, Govt. of Bihar, Patna.
Patna High Court CWJC No.6336 of 2018 dt.10-12-2024
14/36
4. The District Magistrate/Collector, Araria, District- Araria.
5. The Special Land Acquisition Officer, Araria, District- Araria.
6. The District Land Acquisition Officer, Araria, District- Araria.
7. The Executive Engineer, Road Construction Department, Road Division,
District- Araria.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 8166 of 2018
======================================================
Surya Narayan Sah, Son of Late Lakshman Sah, Resident of Village-
Basmatiya, P.S.- Forbesganj, District- Araria.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Revenue and Land Reforms
Department, Govt. of Bihar, Patna.
2. The Principal Secretary, Land Acquisition Department, Govt. of Bihar,
Patna.
3. The Director, Land Acquisition and Rehabilitation Department, Govt. of
Bihar Patna.
4. The District Magistrate/Collector, Araria, District- Araria.
5. The Special Land Acquisition Officer, Araria, District Araria.
6. The District Land Acquisition Officer, Araria, District Araria.
7. The Executive Engineer, Road Construction Department, Road Division,
District- Araria.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 8232 of 2018
======================================================
Shanti Devi, Wife of Suga Lal Mehta, Resident of Village- Bouraha, P.O.-
Banaili, P.S.- Birpur, District- Supaul.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Revenue and Land Reforms
Department, Govt. of Bihar, Patna
2. The Principal Secretary, Land Acquisition Department, Govt. of Bihar,
Patna.
3. The Director, Land Acquisition and Rehabilitation Department, Government
of Bihar, Patna.
4. The District Magistrate/ Collector, Araria, District- Araria.
5. The Special Land Acquisition Officer, Araria, District- Araria.
Patna High Court CWJC No.6336 of 2018 dt.10-12-2024
15/36
6. The District Land Acquisition Officer, Araria, District- Araria.
7. The Executive Engineer, Road Construction Department, Road Division,
District- Araria.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 8326 of 2018
======================================================
Vikash Kumar, S/o Bharat Pd Sah, Resident of Village- Bhadeswar, P.S.
Farbisganj, District- Araria.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Revenue and Land Reforms
Department, Govt. of Bihar, Patna
2. The Principal Secretary, Land Acquisition Department, Govt. of Bihar,
Patna.
3. The Director, Land Acquisition and Rehabilitation, Government of Bihar,
Patna.
4. The District Magistrate/Collector, Araria, District- Araria.
5. The Special Land Acquisition Officer, Araria, District- Araria.
6. The District Land Acquisition Officer, Araria, District- Araria.
7. The Executive Engineer, Road Construction Department, Road Division,
District- Araria.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 8368 of 2018
======================================================
Arun Kumar Swarnkar @ Arun Swarnkar, S/o Jagarnath Swarnkar, Resident
of Village- Ghurna Bazar, P.S.- Ghurna, District- Araria.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Revenue and Land Reforms
Department, Govt. of Bihar, Patna
2. The Principal Secretary, Land Acquisition Department, Govt of Bihar, Patna.
3. The Director, Land Acquisition and Rehabilitation, Govt. of Bihar, Patna.
4. The District Magistrate/Collector, Araria District- Araria.
5. The Special Land Acquisition Officer, Araria, District- Araria.
6. The District Land Acquisition Officer, Araria, District- Araria.
7. The Executive Engineer, Road Construction Department, Road Division,
District- Araria.
Patna High Court CWJC No.6336 of 2018 dt.10-12-2024
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... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 6336 of 2018)
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
For the Respondent/s : Mr. Raj Kishore Roy-GP18
(In Civil Writ Jurisdiction Case No. 6510 of 2018)
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
For the Respondent/s : Mr. Rishi Raj Sinha-SC19
(In Civil Writ Jurisdiction Case No. 6668 of 2018)
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
For the Respondent/s : Mr. Rishi Raj Sinha- SC19
(In Civil Writ Jurisdiction Case No. 6698 of 2018)
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
For the Respondent/s : Mr. Sajid Salim Khan- SC25
(In Civil Writ Jurisdiction Case No. 6876 of 2018)
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
For the Respondent/s : Mr. Sajid Salim Khan- SC25
(In Civil Writ Jurisdiction Case No. 6878 of 2018)
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
For the Respondent/s : Mr. Dhurjati Kumar Prasad, GP-14
(In Civil Writ Jurisdiction Case No. 6913 of 2018)
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
For the Respondent/s : Mr. Sajid Salim Khan- SC25
(In Civil Writ Jurisdiction Case No. 6933 of 2018)
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
For the Respondent/s : Mr. Raj Kishore Roy -GP18
(In Civil Writ Jurisdiction Case No. 7076 of 2018)
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
For the Respondent/s : Mr. Md. Khurshid Alam -AAG12
(In Civil Writ Jurisdiction Case No. 7149 of 2018)
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
For the Respondent/s : Mr. Dhurjati Kumar Prasad, GP-14
(In Civil Writ Jurisdiction Case No. 7156 of 2018)
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
For the Respondent/s : Mr. Dhurjati Kumar Prasad, GP-14
(In Civil Writ Jurisdiction Case No. 7346 of 2018)
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
For the Respondent/s : Mr. Sajid Salim Khan-SC25
(In Civil Writ Jurisdiction Case No. 7372 of 2018)
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
For the Respondent/s : Mr. Raj Kishore Roy-GP18
(In Civil Writ Jurisdiction Case No. 7380 of 2018)
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
For the Respondent/s : Mr. Dhurjati Kumar Prasad, GP-14
(In Civil Writ Jurisdiction Case No. 7391 of 2018)
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
For the Respondent/s : Mr. Rishi Raj Sinha -SC19
(In Civil Writ Jurisdiction Case No. 7397 of 2018)
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
For the Respondent/s : Mr. Dhurjati Kumar Prasad, GP-14
(In Civil Writ Jurisdiction Case No. 7423 of 2018)
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
For the Respondent/s : Mr. Rishi Raj Sinha -SC19
(In Civil Writ Jurisdiction Case No. 7432 of 2018)
Patna High Court CWJC No.6336 of 2018 dt.10-12-2024
17/36
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
For the Respondent/s : Mr. Md. Khurshid Alam- AAG12
(In Civil Writ Jurisdiction Case No. 7534 of 2018)
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
For the Respondent/s : Mr. Dhurjati Kumar Prasad, GP-14
(In Civil Writ Jurisdiction Case No. 7560 of 2018)
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
For the Respondent/s : Mr. Dhurjati Kumar Prasad, GP-14
(In Civil Writ Jurisdiction Case No. 7587 of 2018)
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
For the Respondent/s : Mr. Sajid Salim Khan- SC25
(In Civil Writ Jurisdiction Case No. 7592 of 2018)
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
For the Respondent/s : Mr. Md. Khurshid Alam- AAG12
(In Civil Writ Jurisdiction Case No. 7682 of 2018)
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
For the Respondent/s : Mr. Dhurjati Kumar Prasad, GP-14
(In Civil Writ Jurisdiction Case No. 7753 of 2018)
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
For the Respondent/s : Mr. Md.Khurshid Alam -AAG12
(In Civil Writ Jurisdiction Case No. 7758 of 2018)
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
For the Respondent/s : Mr. Rishi Raj Sinha- SC19
(In Civil Writ Jurisdiction Case No. 8135 of 2018)
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
For the Respondent/s : Mr. Rishi Raj Sinha- SC19
(In Civil Writ Jurisdiction Case No. 8152 of 2018)
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
For the Respondent/s : Mr. Raj Kishore Roy- GP18
(In Civil Writ Jurisdiction Case No. 8166 of 2018)
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
For the Respondent/s : Mr. Raj Kishore Roy -GP18
(In Civil Writ Jurisdiction Case No. 8232 of 2018)
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
For the Respondent/s : Mr. Raj Kishore Roy- GP18
(In Civil Writ Jurisdiction Case No. 8326 of 2018)
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
For the Respondent/s : Mr. Rishi Raj Sinha- SC19
(In Civil Writ Jurisdiction Case No. 8368 of 2018)
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
For the Respondent/s : Mr. Sajid Salim Khan- SC25
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
CAV JUDGMENT
Date : 10-12-2024
Considering the identical nature of grievance based
upon similar facts, with the consent of all the parties; these
batch of the writ petitions were heard simultaneously and being
disposed of by this common order/judgment
Patna High Court CWJC No.6336 of 2018 dt.10-12-2024
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2. The petitioners are land holders, the particulars of
which are duly mentioned in the writ petitions and were
acquired for the purposes of constructing Indo-Nepal Border
Road under the Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and Resettlement Act, 2013
(For the brevity 'the Act, 2013').
3. The petitioners are aggrieved with the
letter(s)/notice(s) issued under different Memo(s), as also the
entire proceeding initiated by the respondent District
Magistrate/Collector, Araria on the basis thereof the respondents
have re-opened the proceeding of acquisition already finalized
and the amount of compensation and solatium already paid to
the petitioners and, as such, barred in terms of Section 37 of the
Act, 2013. The petitioners are also aggrieved by the letters
issued by the respondent District Land Acquisition Officer,
Araria whereby the Bank account of the petitioners have been
made frozen with instructions to the lead Bank to stop
permitting operations until permission of the respondents. The
petitioners are also assailed the decision of the respondents,
leading to constitution of Six Men Committee and its report
whereby the nature of the land have been changed from
Residential to Agricultural. Finally, the petitioners sought
Patna High Court CWJC No.6336 of 2018 dt.10-12-2024
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quashing of the letters whereby the differential amount of
compensation has been demanded from the petitioners.
4. In sum and substance, the petitioners sought a
declaration that once the whole mechanism and process of
acquisition of land right since preliminary notice published
under Section 11 of the Act till payment of compensation
pursuant to finality of award under Section 37 of the Act has
been completed, no provisions of the Act confers any
jurisdiction and authority upon the respondent Collector or the
Respondent District Land Acquisition Officer to reopen the
award by disputing the parameters and the basis leading to such
finality of land acquisition proceeding.
5. The facts are not in dispute that a total 456.01.200
acres of land from 64 villages falling under four Anchals viz
Narpatganj, Forbesganj, Kurshakanta and Sikta were intended to
be acquired by the State Government for constructing Indo-
Nepal Border Road. The necessity and requirement expressed
by the Road Construction Department for construction of
aforenoted road, the land owned by the petitioners and other
similar such landowners were proposed to be acquired by way
of notification No. 639 dated 11.05.2016 issued under Section
11(1) of the Act, 2013, published in the official gazette as well
Patna High Court CWJC No.6336 of 2018 dt.10-12-2024
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as in newspapers. On 12.05.2016, the respondents published
another notification under Section 19(1) of the Act, 2013
regarding declaration and summary of rehabilitation and
resettlement as prescribed in law for the land proposed to be
acquired.
6. It is stated that in course of acquisition of the land
of the petitioners, the respondent District Land Acquisition
Officer, Araria called upon the petitioners to furnish the
particulars of land, documents of title, details of interest in the
said land, land possession certificate, rent payment receipts etc.
The petitioners submitted the copies of the respective title
deed/sale deed of the land, rent payment receipts and land
possession certificate before the respondent District Land
Acquisition Officer and also executed an affidavit as required by
the said authority. Having completed all the paraphernalia, the
respondent District Land Acquisition Officer took possession of
the land of the petitioners, before the publication of final award.
However, subsequent thereto, the petitioners received payment
of compensation and solatium on different dates. The land(s) so
acquired were handed over to the concerned agency after
awarding contracts for construction of roads and finally roads
have been constructed on almost all such acquired land and it is
Patna High Court CWJC No.6336 of 2018 dt.10-12-2024
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in public use for the present and thus the purpose, for which the
lands have been acquired, have already been served and the
whole project of acquisition has been finalized.
7. All of a sudden in the month of August, 2017, the
petitioners learnt from their respective Banks that their accounts
existing in the said Bank has been rendered frozen at the
instance of the respondent District Land Acquisition Officer.
The petitioners learnt from the contents of the letter that for
undisclosed reasons, their Bank accounts had been subjected to
stop operation until permission of the Collector. The petitioners
received a letter bearing memo No. 459 dated 28.07.2017 by the
respondent District Land Acquisition Officer whereby it was
intimated that complaints were received from which it was
inferred that in collusion with the requisitioning department, the
nature of lands belonging to the petitioners were got converted.
The issue was enquired by a team constituted for that purpose
and the enquiry concluded that the aforesaid lands belonging to
the petitioners happened to be agricultural in nature. By the
aforesaid letter, the petitioners were asked to appear before the
respondent Collector for hearing in the matter. The petitioners in
some of the cases ensured their appearance and submitted reply.
However, in the submission of the petitioners, no further
Patna High Court CWJC No.6336 of 2018 dt.10-12-2024
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information was made by any of the respondents and all of a
sudden, the petitioners received a letter bearing Memo No. 181
dated 17.03.2018 issued by the respondent District Land
Acquisition Officer whereby the petitioners have been called
upon to repay the differential amount of compensation on
account of alleged excess compensation received by them,
which were held recoverable in course of enquiry conducted by
six men committee. As per the letter aforenoted, the lands of the
petitioners were found to be agricultural whereas they have
received compensation for the said land being residential in
nature.
8. Similar issue as has been raised in this batch of writ
petitions have come up for consideration in C.W.J.C. No. 6863
of 2018 (Girish Kedia Vs. The State of Bihar & Ors.) and
other analogous cases wherein this Court having taken note of
the submissions advanced on behalf of the learned Advocate for
the petitioners as well as the State respondents and after
anxiously perusing the materials available on record vide its
order/judgment dated 29.11.2024 dismissed all the writ petitions
with certain observations.
9. In the ends of justice, this Court deems it proper to
encapsulate the relevant paragraphs of the said decision
Patna High Court CWJC No.6336 of 2018 dt.10-12-2024
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[C.W.J.C. No. 6863 of 2018 (Girish Kedia Vs. The State of
Bihar & Ors.)], which also governed the issues raised in the
present batch of the writ petitions:
"25. Undisputedly the land, in
question, was acquired from the
Raiyats/petitioners for constructing road over
Indo-Nepal Border under the Emergency
Provision of Section 40 of the Act, 2013. Section
40 of the Act, 2013 deals with the Special powers
in case of urgency to acquire land in certain
cases.
26. Section 40 (1) clearly stipulates
that in cases of urgency, whenever the
appropriate Government so directs, the
Collector, though no such award has been made,
may, on the expiration of thirty days from the
publication of the notice mentioned in section 21,
take possession of any land needed for a public
purpose.
27. Sub-Section 3 of Section 40 makes
it clear that before taking possession of any land
under sub-section (1) or sub-section (2), the
Collector shall tender payment of eighty per cent
of the compensation for such land as estimated
by him to the person interested entitled thereto.
28. Sub-Section 4 of Section 40, which
would be relevant in the present matter needs to
Patna High Court CWJC No.6336 of 2018 dt.10-12-2024
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be quoted hereinbelow:
"(4) In the case of any
land to which, in the opinion of the
appropriate Government, the
provisions of sub-section (1), sub-
section (2) or sub-section (3)are
applicable, the appropriate
Government may direct that any or
all of the provisions of Chapter II to
Chapter VI shall not apply, and, if it
does so direct, a declaration may be
made under section 19 in respect of
the land at any time after the date of
the publication of the preliminary
notification under sub-section (1)of
section 11."
29. Bare reading of the aforesaid
provision, it is explicit that the appropriate
Government is empowered to direct that any or
all of the provisions of Chapter II to Chapter VI
shall not apply, and, if it does so direct that a
declaration made under section 19 in respect of
the land at any time after the date of the
publication of the preliminary notification. The
initial payment of compensation is only based
upon estimation done by the Collector.
30. Admittedly after issuance of
notification under Section 11(1) of the Act, 2013
immediately further notification under Section
Patna High Court CWJC No.6336 of 2018 dt.10-12-2024
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19(1) of the Act, 2013 as contemplated to invoke
the Emergency provisions under Section 40 of
the Act, 2013 has been issued on 12.05.2016.
31. From cumulative reading of both
the notifications issued under Section 11(1) and
Section 19(1) of the Act, 2013, it is axiomatic
that the land, in question, is acquired under the
Emergency Provision of Section 40 of the Act,
2013 and thus the social impact assessment
study provided under Section 4 and the
provisions of hearing of objections under
Section 15 of the Act, 2013 shall not be
applicable; in as much as the compensation paid
by the Collector was based upon estimation.
Thus any acquisition proceeding commenced
under Section 40 of the Act, 2013 excludes the
provision of Chapter II to Chapter VI, if
otherwise it is directed under Section 19 of the
Act, 2013.
32. In view of the aforesaid facts, the
submission of the learned Advocates for the
petitioners to the effect that at all the stages, as
discussed above, the nature of land as to
whether it is residential or agricultural have
brought to the attention of the acquisition
authority and such an important aspect would
not have been eluded the attention of the
authorities while carrying out such an exercise
with ground level, in the opinion of this Court
Patna High Court CWJC No.6336 of 2018 dt.10-12-2024
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does not stand substantiated.
33. It is noteworthy that the
Government of Bihar in the Department of
Revenue and Land Reforms vide its letter
contained in Memo No. 450 dated 12.04.2017
and further in Memo No. 150 dated 15.02.2018,
brought on record by way of counter affidavit,
issued under the signature of Principal Secretary
of the concerned Department communicated to
all the Collectors of the State of Bihar in public
interest that to resolve the dispute with regard to
acquisition of the land and its nature, category
or the rate, a committee was required to be
constituted under the Chairmanship of the
District Magistrate. Accordingly, the
Government of Bihar took a decision to
constitute a Six Men Committee consisting of
District Magistrate, Additional Collector-cum
Rehabilitation and Resettlement Officer, District
Land Acquisition Officer, District Sub-Registrar,
Representative of Requisitioning Authority,
Deputy Development Commissioner-cum-Chief
Executive Officer. The aforenoted letter also
made it clear that after publication of
notification under Section 19(1) of the Act, 2013
and before issuance of notice upon the affected
land holders/raiyats, there shall be a proper
inspection of the notified land and thereupon the
rate of the land shall be determined.
Patna High Court CWJC No.6336 of 2018 dt.10-12-2024
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34. In Rai Sahib Ram Jawaya Kapur
and Ors. Vs. The State of Punjab, reported in
AIR 1955 SC 549, the Hon'ble Supreme Court
held that ordinarily the executive power connotes
the residue of governmental functions that remain
after legislative and judicial functions are taken
away. The executive Government, however, can
never go against the provisions of the Constitution
or of any law. The executive function comprises
both the determination of the policy as well as
carrying it into execution.
35. In the case of J & K Public Service
Commission vs. Narinder Mohan (Dr), reported
in (1994) 2 SCC 630, the Hon'ble Supreme Court
observed that the executive power could be
exercised only to fill in the gaps but the
instructions cannot and should not supplant the
law, but only supplement the law. Accordingly
exercising of Executive power cannot be in
contravention of the Constitution or any other
law.
36. While executive power is
circumscribed by the limits imposed by the
Constitution, and by any other law, this does not
imply that executive power can be exercised only
when there is a law already in existence. The
executive's powers are not restricted solely to
carrying out the laws passed by Parliament. It
includes other functions such as supervising
Patna High Court CWJC No.6336 of 2018 dt.10-12-2024
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general administration, formulation, and
execution of policy, etc.
37. The Hon'ble Supreme Court has
also consistently held that such clarificatory
circulars cannot amend or substitute principal
legislation. But if the principal legislation made
thereunder is silent, then the Government can
issue clarifications to supplement principal
legislation by issuing instructions.
38. In the case in hand, the notification
under Sections 11(1) and 19(1) of the Act, 2013
have been issued on 11.05.2016 and 12.05.2016
before issuance of the aforenoted letters,
nonetheless the modalities as contemplated there,
in the letters of the State Government is not in any
manner contrary to the prescriptions as provided
under the Act, 2013.
39. It is axiomatic that an
administrative decision which is not based on a
dispute between the two parties and which is not
rendered after hearing the parties, does not
operate as res judicata. The party affected by it as
also the authority making the decision are
amenable to review the same. The interests of
fairness to individuals whose interests will
otherwise be directly and prejudicially affected
may lead the Courts to attribute binding effect to
administrative acts and decisions which the
competent authority wishes to repudiate or
Patna High Court CWJC No.6336 of 2018 dt.10-12-2024
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rescind. Indeed, it would seem that the legal
competence of administrative bodies to rescind
their decisions depends at least as much on
considerations of equity and public policy as on
conceptual classification (Prof. S.A.De Smith in
his "Judicial Review of Administrative Action",
3rd Edn.).
40. Any administrative decision, there
is no legal obligation upon the person charged
with the duty of reaching the decision to consider
and weigh submissions and arguments or to
collate any evidence, to solve any issue. The
grounds upon which he acts, and the means
which he takes to inform himself before acting,
are left entirely to his discretion. Subsequently,
not only administrative action, but also
administrative decision can be reviewed to
redress injustice caused thereby. It is implicit in
this principle that in redressing injustice to one
injustice should not be caused to some other.
41. The law is well settled that any
amount paid/received without the authority of law
can always be recovered barring exceptions of
extreme hardships or prohibited under any
Statute/ Rules, but not as a matter of right. In
such situation, law implies an obligation on the
payee to repay the money, otherwise it would
amount to unjust enrichment. The Hon'ble
Supreme Court on various occasions held that the
Patna High Court CWJC No.6336 of 2018 dt.10-12-2024
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excess payment of public money which is often
described as "tax payers money" belongs neither
to the officers who have effected over-payment
nor that of the recipients. Possibly, effecting
excess payment of public money by officers, may
be due to various reasons like negligence,
carelessness, collusion, favouritism etc. because
money in such situation does not belong to the
payer or the payee. Payments are being effected
in many situations without any authority of law
and payments have been received by the
recipients also without any authority of law. This
Court is also not unmindful of the fact that the
land of the petitioners have been acquired by the
State Government in terms of the prescription of
Act, 2013 and thus they should be compensated
adequately in commensurate with the valuation of
the land. In case, the land holders get less
payment against the value of their acquired land,
it would be certainly transgress the statutory and
constitutional right to property as mandated
under Article 300A of the Constitution, but once
they receive excess payment to the value of their
land, it would certainly amount to unjust
enrichment.
42. In view of the above, this Court
does not find any error in the action of the
respondents in determining the nature of the land
and its rate, if the same was found to be unjust,
all the more, the Government is entitled to review
Patna High Court CWJC No.6336 of 2018 dt.10-12-2024
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an administrative decision, if the same is unjust
and contrary to law; that too, in the case in
hand, when the process of acquisition is yet to be
finalized by preparation and approval of the
award under Section 37 of the Act, 2013.
43. This Court does not find that it is a
case where the Collector has reviewed his order;
on the contrary, the process has never been
completed inasmuch as award has never been
prepared and approved. The compensation paid
to the petitioners were only based upon
estimation; Later on having apprised and
acquainted with the mistake committed by the
Land Acquisition Officer and the other
responsible authorities, the same has been
rectified by constituting a Six Men Committee
and action has been taken against the erring
officials.
45. So far the contention of the
petitioners that in case of difference of opinion
on the point of nature of the land, such dispute is
always amenable to Land Acquisition,
Rehabilitation and Resettlement Authority
(hereinafter referred to as 'the LARRA') is
concerned the same does not find any substance
in the facts of this case. The Act, 2013,
especially Section 51 of the Act provided a forum
i.e. LARRA to adjudicate the disputes relating to
acquisition of land, compensation payable and
Patna High Court CWJC No.6336 of 2018 dt.10-12-2024
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the preparation of compensation of which
interested persons have made different claim. If
there would have been any dispute with regard to
the determination of the nature of the land, such
a dispute may be referred to the jurisdiction of
the said authority having sufficient mechanism
available for redressal of grievance of any of the
parties to a land acquisition proceeding, which
might have arisen in relation to any issue
associated with such proceeding.
46. There is no dispute that if the
Collector comes to the conclusion that the lands,
in question, are agricultural, but the
compensation has been paid by treating it as
residential, in such circumstances, the aggrieved
party was supposed to take recourse to the
remedy available, as provided under Section 64
of the Act, 2013 by getting the matter referred to
the said authority, only if there is an award and
parties are aggrieved and not accepted the
award.
47. Section 64 contemplates under the
Act, 2013 empowering the Collector to refer the
dispute to the Authority, if any person interested,
who has not accepted the award may by written
application require that the matter be referred
for determination of the Authority, whether his
objection be to the measurement of the land, the
amount of the compensation, the person to whom
Patna High Court CWJC No.6336 of 2018 dt.10-12-2024
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it is payable or the apportionment of the
compensation. Section 64 (2) of the Act, 2013
mandates that the application shall state the
grounds on which objection to the award is
taken, provided that such application shall be
filed within six weeks from the date of the
Collector's award; and in other cases, within six
weeks of the receipt of the notice from the
Collector under section 21, or within six months
from the date of the Collector's award,
whichever period shall first expire.
48. Perusal of the prescriptions as
contemplated under Section 64 of the Act, 2013,
clearly indicates that to invoke this provision it is
absolutely necessary to challenge the award, if
any person interested has not accepted the
award. In the case in hand, it is the admitted
position that award has not even been approved
till date.
49. Reliance of the petitioner on a
decision of this Court in the case of Dhan Jee
Pandey (supra) has no application in the case in
hand as that was the case where land was
acquired under the National Highway Authority
Act, 1956, which is a self contained code and,
moreover, there was already an award passed by
the competent authority, but later on a decision
has been taken by the State to get the excess
amount refunded, which had already been paid,
Patna High Court CWJC No.6336 of 2018 dt.10-12-2024
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on account of having found the nature of the land
agriculture instead of residential.
50. This Court has also gone through
the materials on record and found that before
reassessment/determination of the land, in
question, the land owners have been noticed and
many of them filed their response, thus, the
contention of the petitioners' that no notice or any
opportunity was given prior to determination of
land also does not get supported form the record.
51. In view of the aforesaid facts,
circumstances and the position in law, this Court
does not find any merit in this batch of the writ
petitions. Let the award may be passed within a
period of three months, if not passed till date
after completing all the formalities. Suffice it to
observe that the petitioners would have the
liberty to assail the same in accordance with
prescription, as provided under the Act, 2013, if
any person interested has not accepted it.
52. Now coming to the legality of the
impugned action of the respondent Collector to
the extent whereby, apart from directing the
petitioners to ensure the payment of deferential
amount of compensation; for the said purpose
has frozen the Bank accounts of the petitioners,
this procedure is apart from illegal and arbitrary,
do not have any sanction of law. Thus this Court
deprecate such action. However, the respondent
Patna High Court CWJC No.6336 of 2018 dt.10-12-2024
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authorities shall be at liberty to recover the
differential amount by taking recourse of Public
Demand Recovery Act, 1914 or through any other
Act, in accordance with law, after finalization of
the award, but without any interest accrued
thereupon, as the petitioners were never at fault.
53. All the writ petitions stand
dismissed with the aforesaid observation."
10. Apart from the issues finally adjudicated, as noted
hereinabove, in C.W.J.C. No. 6863 of 2018 and other analogous
cases, the petitioners have also placed reliance upon an order
passed by the LARRA in Land Acquisition Reference Case No.1
of 2019, which came to be disposed of vide order dated
14.03.2022holding one of the land holder, namely, Sushila Devi, entitled to get/receive the compensation amount for her acquired land, being Residential in nature and, accordingly, the office was directed to prepare the award.
11. Suffice it to observe that any order passed by the LARRA in a case, which was referred by the competent authority under Section 64 of the Act, 2013 is dependent upon the specific facts and circumstances of the said case and cannot be treated as a binding precedent unless the land holders would be able to show that his/her/their case(s) is/are identical to the said case. It has also not been disclosed to this Court as to Patna High Court CWJC No.6336 of 2018 dt.10-12-2024 36/36 whether in such case, there had been an award passed by the concerned Collector or not. So far the jurisdiction and power of the LARRA is concerned, the same has been duly considered by this Court in C.W.J.C. No. 6863 of 2018 (Girish Kedia Vs. The State of Bihar & Ors.) and other analogous cases, especially in paragraph nos. 45 to 49.
12. In view of the aforenoted facts, inter alia, the issue raised in the present batch of writ petitions have already been duly answered in the case of Girish Kedia (supra), all these writ petitions stand dismissed in similar terms.
(Harish Kumar, J) uday/-
AFR/NAFR NAFR CAV DATE 13.09.2024 Uploading Date 12.12.2024 Transmission Date NA