Patna High Court - Orders
Pratijnya, Social Organisation vs The Union Of India on 16 September, 2020
Bench: Chief Justice, S. Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8093 of 2019
======================================================
Pratijnya, Social Organisation & Anr.
... ... Petitioner/s
Versus
The Union of India & Ors.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manish Kumar, Advocate
Mr. Jagjit Roshan, Advocate
For the Respondent/s : Dr. K.N. Singh, A.S.G.
Mr. Anjani Kumar, AAG IV
Mr. Alok Kumar Rahi, A.C. to AAG-IV
Mr. Raj Ballabh Prasad Yadav, AAG 11
Mr. Dinesh Maharaj, AC to AAG-11
Mr. S.D. Sanjay, Sr. Advocate
Mr. Anshay Bahadur Mathur, Advocate
Mr. Rabindra Kumar Priyadarshi, Advocate
Dr. Anand Kumar, Advocate
For the Intervenors : Mr. Yogesh Chandra Verma, Senior Advocate
Mr. Nagendra Sharma, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
26 16-09-2020Re: N.H.02 (Aurangabad-Varanasi Road) It is brought to our notice that pursuant to our order dated 25.8.2020, the National Highway Authority of India (NHAI) has deposited a sum of Rs.440+262=702 crores. The said amount stands deposited before the respective Courts/District Collectors/District Magistrates as payment for compensation for acquisition of land which, perhaps, may be ultimately disbursed to the rightful claimants/land Patna High Court CWJC No.8093 of 2019(26) dt.16-09-2020 2/20 onwers.
In our previous order, we have already clarified that this amount shall not be disbursed till proceedings for determination of rightful compensation of the amount attains finality or some orders are passed in these proceedings.
It is also brought to our notice that pursuant to our previous order, a meeting under the Chairmanship of the Development Commissioner was convened on 10.9.2020. All the stakeholders, i.e., Department of Revenue; Department of Road Construction, Government of Bihar; District Magistrates of Kaimur, Rohtas, Aurangabad and Gaya; and also Sri Lt. Colonel Chandra Vatsa, Regional Officer of NHAI participated. Several issues, including the demolition of structures and handing over possession of the land were discussed. Partly, possession of the land over which structures stand demolished already stands acquired and handed over to NHAI.
For ready reference, the minutes of the meeting held on 10 th September, 2020 is quoted hereinunder:-
"Minutes of meeting held on 10th September 2020 under Chairmanship of Development Commissioner in compliance of order dated 25.08.2020 in CWJC 8093/19 Project :- NH 2 ( New NH 19) A . Details of length for which possession not handed over S Distric Issue Instructions N t o Activity Time frame Compliance 1 Kaimur 1.1 3G award Out of total declared 199.80 Cr.
originally by received from Patna High Court CWJC No.8093 of 2019(26) dt.16-09-2020 3/20 Project :- NH 2 ( New NH 19) A . Details of length for which possession not handed over S Distric Issue Instructions N t o Activity Time frame Compliance CALA for Rs. NHAI. Rs. 138.64 126.04 Cr in Cr has been the year disbursed and Rs.
2013-2014 1.88 Cr has been
which was deposited in
approved by Principal Civil
NHAI and Court Kaimur.
the full Thus the total 10 weeks DM Kaimur
amount of expenditure is Rs.
compensation 140.52 Cr.
has been remaining amount
deposited is under process
with CALA for of disbursement.
disbursement Effectively
. possession for
1.2 Further, Rs. 23.765 kms out of
21.597 Cr 42.487 kms of
award has road has been
been handed over to
approved by NHAI .
NHAI against
compensation Except for
of structures structures and the
in 27 Mauzas issues dealt with
between year in the succeeding
2013 and paragraphs
2016 1.4,1.5,1.6,1.7,1.8
, the rest of the
1.3 . possession to be
3G award handed over
declared by
CALA for Rs.
1.77 Cr in
respect of
missing plots
+ structures
which was
approved by
NHAI
1.4 3G award
declared for NHAI has
13.4017 Ha. provided the
(including the differential amount
Govt. land) in of Rs.
19 various 51,11,66,682.00
Mauzas for against the award
Rs. 112.478 of 19 mauzas
Cr. On the which has been
basis of challenged in the
second 6- District Court. The
Men said amount has
Committee been deposited in
constituted the District Court
after and shall be
declaration of disbursed as per
Patna High Court CWJC No.8093 of 2019(26) dt.16-09-2020 4/20 Project :- NH 2 ( New NH 19) A . Details of length for which possession not handed over S Distric Issue Instructions N t o Activity Time frame Compliance the the order of the award.The Civil Court.
award has
been
challenged in
District Court
because of
treating all
land along
NH as non-
agricultural
land in
disregard of
actual land
use
1.5 3G award Possession
declared by handed over
CALA for Rs.
23.05 Cr in
respect of 6
Mauzas after
revision
under new LA
Act, which
was also
approved in
full and
deposited
with CALA
1.6 3G award NHAI has 6 weeks Divisional
declared for provided Rs. Commissione
12.7705 ha in 15,55,95,714 r
20 various against the Patna/
Mauzas for awards of land & DM Kaimur
Rs. 270.96 structures in
Cr. respect of missing
Challenged in plots under 11
Arbitration mauzas and Rs.
Court 107,25,94,452.00
because of in respect of 9
same mauzas of the
reasons as main award which
above as well has been
as abnormal challenged in the
rate. Arbitration Court.
The said amount
has been
deposited in the
Civil Court and
shall be
distributed as per
the order of this
Arbitrator.
The orders of the
arbitrator to be
Patna High Court CWJC No.8093 of 2019(26) dt.16-09-2020 5/20 Project :- NH 2 ( New NH 19) A . Details of length for which possession not handed over S Distric Issue Instructions N t o Activity Time frame Compliance passed and possession given accordingly 1.7 3G award for RO NHAI has to 1 week RO NHAI area - 0.5858 approve 3G award Ha under immediately. 4 weeks DM Kaimur missing plots therafter in 4 mauzas Thereafter sent to NHAI. disbursement to be done & possession given 1.8 Removal of Total structure as DM Kaimur 840 per survey is 845 structures, as out of which 297 7 days for identified in structure has been camp survey demolised . disbursemen
a) For 300 raiyats t & 8 weeks whose awards for removal have been of structures. RO NHAI approved another camp date has 1 week for been kept. The approval DM Kaimur demolition in respect of these to complete and 8 weeks possession be thereafter handed over
b)Award of balance 218 structures has been send to NHAI for approval.
Demolition and
possession
thereafter
2 Rohtas
2.1 Total award 107.92 crores
is for 160.2 disbursed,
crores for 34.2 crores
Patna High Court CWJC No.8093 of 2019(26) dt.16-09-2020 6/20 area of 48.07 deposited in ha civil court, amount against am land etc Rs 11.37 crores.
43.75 ha out 4 weeks DM Rohtas of 48.07 ha land has been provided CALA need 38.94 Cr.
additional fund for the payment. RO NHAI informed that the above fund has been provided to CALA.
Balance amount to be disbursement by CALA and possession handed over except 2.2 and 2.3 below 2.2 370 A fresh Joint Structures inspection of were located all structures based on in alignment 1 week DM Rohtas/ PD survey. 298 to be done by for joint NHAI Structures DM/PD survey have been Sasaram and demolished. team, as the 72 Structures PD was not DM Rohtas remain available due 3 weeks balance for to multiplicity thereafter demolition. of districts in jurisdiction.
PD to attend
DMs meeting
on 11th
September
for resolving
pending
matters
DM to provide
Magistrate &
Police Force
Patna High Court CWJC No.8093 of 2019(26) dt.16-09-2020 7/20 to remove Structure and hand over the possession of land to NHAI.
2.3 3G award for PD Sasaram 1 week RO NHAI
1.36 Ha land has to submit
in Saray missing plots 1 week DM Rohtas
village is detail therafter
pending at
NHAI for 3G to be
correction of declared
plots detail therafter and
sent to RO
NHAI
3 Aurangabad
(Varanasi section )
3.1 CALA has Area handed
disbursed over is 53.57
Rs. 264.16 ha
Cr so far. Rs
138.08 Cr Fresh camp
needs to be has been 5 weeks DM
disbursed scheduled for Aurangabad
further by 17th for
CALA for disbursement
total area of of balance
72.178 ha funds
Possesion to
be handed
over for
balance land
except 3.2 &
3.3
3.2 A total of ADM 2 weeks ADM
21.438 Ha. Aurangabad Aurangabad
Classified as to hold court
Govt. Land hearing on
(GM Aam - daily basis 3 weeks thereafter DM
5.6968 Ha. for hearing Aurangabad
and GM and resolve
Malik - all the issue.
15.7412 Ha.)
to be
resolved for Land be
Ryatisation handed over
hearing immediately
thereafter.
Patna High Court CWJC No.8093 of 2019(26) dt.16-09-2020 8/20 3.3 Demolition of 50 structures 8 weeks DM 861 more have Aurangabad structures out been of 911 removed in structures, special drive . PD remains to be Rest to be Sasaram done. demolished Last few dates the removal machinery support has been inadequately provided by NHAI .
NHAI to
provide
macinery and
support staff
for
expeditious
removal as
per written
demand by
the DM or
CALA
Project :- NH 2 ( New NH 19) A . Details of length for which possession not handed over S District Issue Instructions No Activity Time frame Compliance 4 Aurangabad ( Aurangabad Chordaha) section 4.1 CALA has DM 5 weeks DM Aurangabad disbursed Rs. Aurangabad to 79.29 Cr. and ensure needs to disbursement disburse of balance balance sum of amount & Rs. 31.90 Cr hand over further. balance possession to NHAI, except 4.2, 4.3 ,4.4 & 4.5below 11.83 ha out of 19.8 ha handed over.
Patna High Court CWJC No.8093 of 2019(26) dt.16-09-2020 9/20 Project :- NH 2 ( New NH 19) A . Details of length for which possession not handed over S District Issue Instructions No Activity Time frame Compliance 4.2 CALA to submit 3G Award 3 days RO NHAI the 3G estimate send to NHAI of 0.04 Ha of for approval.
Mauzas - RO
Madanpur & NHAI replied
0.2243 Ha of that mauza 4 weeks DM Aurangabad
Mauza - Madanpur is thereafter
Dashwatkhap our of
after needful alignment, only
correction mauza
Dashwatkhap
to be
approved.
Disbursement
to be done
after approval
and
possession be
handed over
thereafter
4.3 Award in Arbitrator to do 4 weeks Divisional
respect of 0.72 hearing and Commissioner
Ha has been pass orders Gaya
challenged by expediously.
NHAI in
Arbitration. RO NHAI
NHAI to
meanwhile
deposit the
money in
question with
CALA, so that
upon final
decision the
disbursal my
begin
expeditiously.
4.4 4.31 Ha. Govt. ADM 2 weeks ADM
land to be Aurangabad to Aurangabad
resolved by hold court
CALA and hearing on
Ryotisation, if daily basis for 3 weeks DM Aurangabad
required, to be hearing and thereafter
carried out resolve all the
alongwith issue.
declaration of
award.
Land be
handed over
immediately
thereafter.
Patna High Court CWJC No.8093 of 2019(26) dt.16-09-2020 10/20 Project :- NH 2 ( New NH 19) A . Details of length for which possession not handed over S District Issue Instructions No Activity Time frame Compliance 4.5 22 Structures Last few dates 6 weeks DM have been the removal Aurangabad/ demolished out machinery PD NHAI of 136 numbers. support has 114 Structures been more are inadequately required to be provided by demolished. NHAI .
NHAI to
provide
macinery and
support staff
for expeditious
removal as per
written
demand by the
DM or CALA
Project :- NH 2 ( New NH 19) A . Details of length for which possession not handed over S District Issue Instructions No Activity Time frame Compliance 5 Gaya 5.1 82.6 Cr. has Area already 4 weeks DM Gaya been disbursed acquired is by CALA so far. 50.91 ha out Needs to of 111.29 ha.
expedite DM Gaya to
disbursement of expedite
remainder disbursement
amount of Rs and handover
104.94 Cr and physical
hand over possession of
possession of land to NHAI,
land approved. except the
issues which
are dealt with
in
5.2,5.3,5.4,5.5
and 5.6
5.2 3(D) pending 3D has been 3G- 3 weeks DM Gaya
with CALA for done in 60 days
60.38 Ha from compliance of thereafter for
20.01.2020 previous handing over
including meeting possession
chakbandi instruction.
affected land Next stage of
from Amas 3G Award
Anchal. preparation is
in progress.
3G to be done
Patna High Court CWJC No.8093 of 2019(26) dt.16-09-2020 11/20 Project :- NH 2 ( New NH 19) A . Details of length for which possession not handed over S District Issue Instructions No Activity Time frame Compliance in 3 weeks and thereafter 60 days mandatory period for handing over possession to NHAI.
5.4 Ex-gratia Survey report
estimate against has been
about 940 submitted to
structures for NHAI by DM 1 week RO NHAI
bonafide & Gaya. Of this
genuine user of 408 have been 4 days DM Gaya
Govt land to be verified and thereafter
submitted. sent to CALA.
Accordingly , Rest 522 to be RO NHAI
Govt. land 11.9 verified and 1 week
Ha needs to be sent to CALA thereafter DM Gaya
cleared of these by NHAI
structures and Consolidated 5 weeks
handed over proposal to be thereafter
physically. submitted by
DM
accordingly for
release of
compensation
NHAI to
approve the
award for the
same
There after DM
to clear all
structure and
hand over the
physical
possession to
NHAI.
5.5 Award for 1000 495 structure 1 week for DM Gaya
Structures have demolished disbursement
been declared already,
and approved compensation 5 weeks for
by NHAI. Only distribution is demolition.
459 Structures being done
have been next week and
demolished. 541 thereafter 6
remain balance. weeks for
demolition of
structures.
5.6 In Amas Anchal DM Gaya had Within 14 ACS Revenue,
Patna High Court CWJC No.8093 of 2019(26) dt.16-09-2020 12/20 Project :- NH 2 ( New NH 19) A . Details of length for which possession not handed over S District Issue Instructions No Activity Time frame Compliance out of 35 sought days Secretary Law villages. Matter reference of and DM Gya to held up due to Revenue attend. chakbandi Department DM Gaya to survey conflict again, but vide conduct micro with cadastral letter 736 dtd level survey survey and 04.09.2020, detail of all the actual Revenue land parcels in possession in Department question as 26 villages. has reiterated preparedness Cancellation the earlier fro the meeting proceedings position as it with ADM for has been also jamabandi is duly vetted by going on Law Department.
However DM Gaya submitted that many jamabandis had been running on the basis of Not Final Chak survey, and that land ownership had changed hands multiple times.
Considering
the vexed
issue, it was
instructed to
hold a meeting
at the level of
Development
Commissioner
to find a
permanent
solution.
RO NHAI was directed to ensure that the stretch of NH-2 is well maintained and the deficiencies communicated in the previous meeting are addressed on priority .Further RO was instructed to ensure trenching of land made available, as a parallel activity.
The meeting ended with a vote of thanks Sd/ (Arun Kumar Singh) Patna High Court CWJC No.8093 of 2019(26) dt.16-09-2020 13/20 Development Commissioner, Bihar, Patna"
Sri Amrit Lal Meena, learned Additional Chief Secretary, Road Construction Department, Government of Bihar, states that within next two and a half months, the time-line as stipulated in the said minutes, shall be adhered to. We direct that needful be positively done within the said period.
In so far as taking over possession of the remaining land is concerned, we are hopeful that in a meeting, likely to be convened within next 10 days, all issues shall be resolved.
It is further brought to our notice that in certain cases, possession of the land could not be handed over to NHAI on account of pending litigation before the District Judges/subordinate judiciary, but no interim order(s) of stay/status quo stands passed. If that be so, we direct that subject to the outcome of the decision in the said matters, it would be open for the authorities concerned to take over the possession of the land acquired for the purposes of construction of NH-2 (Aurangabad-Varanasi Road) and handover the same to the NHAI. We are constrained to pass such an order, considering the fact that the project already stands delayed by over a decade and the land owners have not challenged the acquisition proceedings but are only claiming compensation at a higher rate under a different statute. In this regard, Patna High Court CWJC No.8093 of 2019(26) dt.16-09-2020 14/20 NHAI has no objection if the compensation is released as per the original acquisition proceedings. However, insofar as this claim for enhanced compensation under any one of the statutes is concerned, interest of the land owners stands protected with the deposit of the amount. As such, we see no reason as to why the project be delayed any further.
If in any one of the cases, Court(s) has passed orders in favour of the plaintiffs/land owners, directing status quo or restraining taking over possession of the land, liberty is granted to the authorities to invite our attention to such fact or seek modification thereof before the said Courts.
We further direct that each one of the District Judges/Additional District Judges/Courts/Authorities, where cases for adjudication of compensation are pending, shall positively decide the same within a period of six months from today.
At this point in time, we find that the State has adopted a pro-active approach in endevouring early completion of the Project. As such, we see no reason as to why NHAI should not proceed with the process of calling of tenders for execution of the work which also is going to take some time. We are assured that before such process is completed, at least 90% possession of the land would be handed over by the State to NHAI.
Patna High Court CWJC No.8093 of 2019(26) dt.16-09-2020 15/20 Initially the present petition was filed in relation to NH No.83 (Patna Gaya Dobhi Road) in relation to which, since 25.10.2019 this Court has been passing several orders.
It is only on 24.7.2020 we took notice of the instant Highway, i.e., NH-2(Aurangabad-Varanasi Section). For the sake of convenience, we are of the considered view that the matter pertaining to this Highway needs to be segregated.
As such, Registry is directed to register a separate petition, titled as "Court of its own motion National Highway No.2, (Aurangabad-Varanasi Section). Affidavits in relation thereto, filed in the present petition as also our orders dated 24.07.2020, 25.08.2020, 16.09.2020 and the instant one be placed on the record of such a petition.
Registrar (List) is directed to ensure that separate petition is registered and the following parties arrayed:
1. Union of India through the Secretary, Ministry of Road Transport and Highways, Government of India, New Delhi.
2. The Secretary, Ministry of Road Transport and Highways, Government of India, New Delhi.
3. The Secretary, Department of Economic Affairs, Ministry of Finance, Government of India, New Delhi.
4. The National Highway Authority of India, New Delhi through its Chairman, New Delhi.
5. The Chairman, National Highway Authority of India, New Delhi.
6. The State of Bihar, through the Chief Secretary, Government of Bihar, Patna.
Patna High Court CWJC No.8093 of 2019(26) dt.16-09-2020 16/20
7. The Chief Secretary, Government of Bihar, Patna.
8. The Principal Secretary, Road Construction Department, Government of Bihar, Patna.
9. The Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.
10. The District Magistrate, Gaya.
Notice.
In this new petition, we appoint Shri Kaustabh Mani, Advocate, as Amicus Curiae.
Dr. K. N. Singh, learned Additional Solicitor General accepts notice on behalf respondent nos.1, 2 and 3. Sri S. D. Sanjay, learned Senior Counsel accepts notice on behalf of respondent nos.4 and 5. Sri Anjani Kumar, learned Additional Advocate General-IV, accepts notice on behalf of respondent nos.6 to 10.
Registry is directed to serve copy of this order along with complete paper book to Dr. K.N.Singh, learned Additional Solicitor General, Sri S.D. Sanjay, learned Senior Counsel and Sri Anjani Kumar, learned Additional Advocate General-IV and the learned Amicus Curiae.
List on 30.9.2020.
In the meanwhile, all the respondents shall file their affidavits with regard to the latest status and stage of the proceedings relating to-(a) deposit of money; (b) disbursement thereof; (c) handing over of possession; (d) demolition of existing structures; (e) steps taken Patna High Court CWJC No.8093 of 2019(26) dt.16-09-2020 17/20 for awarding the work to contractors.
In so far as NH-83 is concerned, it is brought to our notice that existing Patna-Gaya road is not in a good condition. Sri Lt. Colonel Chandra Vatsa, Regional Officer of NHAI states that repair/maintenance work could not be executed on account of monsoon season. Also work for repair and maintenance of the road already stands awarded to the contractors, who shall start work on or before 23.09.2020.
Let status report with regard to the maintenance of the said road be filed before the next date of hearing.
Re: I.A.Nos. 6, 7 & 8 all of 2020 in CWJC No.8093 of 2019 Shri Yogesh Chandra Verma, learned Senior counsel appearing for the applicants, states that the super structure over the land belonging to the applicants, which stands acquired for the purposes of National Highway No.83 (Patna-Gaya-Dobhi Road), already stands removed. Also, each one of the applicants undertakes to hand over the vacant and peaceful possession of the land to the concerned Authorities, be it the concerned District Magistrate without any let or hindrance.
The only grievance which the applicants have is non-
disbursement of the compensation in accordance with law.
District Magistrate, Gaya and District Magistrate, Patna High Court CWJC No.8093 of 2019(26) dt.16-09-2020 18/20 Jehanabad, who are present through virtual mode, state that the District Administration is ready and willing to take over the possession within next two days.
As such, we direct each one of the applicants of the present applications to remain present on the spot on 23 rd September, 2020 at 10:00 A.M. when the possession of the land shall positively be handed over to the Authorities for the purposes of construction of the said National Highway.
Insofar as the grievance of the non-disbursement of the compensation is concerned, we are informed that proceedings for determination of the compensation, which is just, fair and reasonable, are pending with the appropriate authority.
Independent thereto, Shri S.D. Sanjay, learned senior counsel appearing for the National Highway Authority of India, states that the entire amount of compensation, not only with respect to the present application, if not already deposited, but also for the entire road i.e. National Highway No.83 (Patna-Gaya-Dobhi Road) and National Highway No.02 (Aurangabad-Varanasi Road) stands deposited with the District/competent Authorities within a period of seven days from today.
We, however, direct that such amount shall not be released to any of the claimants till such time the proceeding for Patna High Court CWJC No.8093 of 2019(26) dt.16-09-2020 19/20 adjudication under the provisions of National Highways Act, 1956 attain finality or orders with regard to release thereof, are passed by this Court in these proceedings.
Such amount deposited be kept in the shape of interest bearing account/security.
Undertaking of the applicants is accepted and taken on record and also they are apprised that in the event of breach thereof, we will not hesitate to initiate proceedings for contempt.
We also direct the Adjudicatory Authority to positively conclude the proceedings in relation to the land of the applicants within a period of three months from today.
Interlocutory Application Nos. 06, 07 & 08, all of 2020 stand disposed of.
Sri Manish Kumar, Advocate states that despite orders passed by this Court, name of Sri Brajesh Kumar stands reflected continuously in the cause list.
Registrar (List) is directed to ensure that henceforth name of Sri Brajesh Kumar is not reflected in the cause list since he is no longer in active practice, and only name of Sri Manish Kumar, Advocate is reflected in the cause list.
Sri Anjani Kumar, learned AAG-IV invites our attention to the fact that his name is also not reflected in the cause list.
Patna High Court CWJC No.8093 of 2019(26) dt.16-09-2020 20/20 We direct Registrar (List) to ensure that names of all the learned counsel are correctly and completely reflected in the cause list.
We clarify that Sri Anjani Kumar, learned AAG IV is appearing for the State.
Similarly, name of Sri S.D.Sanjay be reflected not in his capacity of Additional Solicitor General but in his individual capacity as Senior Advocate instructed to appear for the NHAI.
List on 28.09.2020 (Sanjay Karol, CJ) (S. Kumar, J) K.C.Jha/-
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