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Patna High Court

Surendra Kumar PalversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petitioner is permitted to approach the concerned authorities, specifically the District Collector, for compensation, and no mandamus is issued.

Summary

The petitioner, Surendra Kumar Pal, filed a writ petition seeking a mandamus directing the State of Bihar and related officials to pay compensation for land acquired for a thermal power project under the Right to Fair Compensation and Land Acquisition Act, 2013. The land had been taken into physical possession and used for the project since 2010, but compensation had not been paid. The petitioner argued that a direct order for payment was necessary, while the State counsel had no objection to a lesser remedy. The Court held that the petitioner could approach the District Collector for redress, rather than issuing a mandamus. Accordingly, the petition was disposed, allowing the petitioner to seek compensation from the appropriate authorities.

Issues considered

  • Whether the Court should issue a mandamus directing the respondents to pay compensation under the Right to Fair Compensation and Land Acquisition Act, 2013.
  • Whether the petitioner may be directed to approach the District Collector for redress of the compensation claim.

Subjects

  • mandamus
  • land acquisition
  • compensation
  • Right to Fair Compensation and Land Acquisition Act
  • writ jurisdiction
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.127 of 2024
                 ======================================================
                 Surendra Kumar Pal Son of Sri Ram Kewal Pal, resident of Village Kerka
                 Khadha, P.O. Khadha, P.S. N.T.P.C. Khira District Aurangabad, at present
                 resident of Vikas Nagar, P.S. Mauli Jagran, P.O. Chandigarh, District-
                 Chandigarh-160102.

                                                                                ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Principal Secretary, Department of Revenue
                 and Land Reforms, Govt. of Bihar, Patna.
           2.    The Director Directorate of Land Acquisition, Department of Revenue and
                 Land Reforms, Govt. of Bihar, Patna.
           3.    The District Magistrate-cum-Collector, Aurangabad.
           4.    The District Land Acquisition Officer, Aurangabad.
           5.    The Deputy Collector Land Reforms, Aurangabad.
           6.    The Circle Officer, Circle Nabinagar, District Aurangabad (Bihar).
           7.    The Chief Executive Officer, Bhartiye Rail Bijlee Company Limited it
                 officer Khaira Main Gate P.s. N.T.P.C. Khaira District Aurangabad.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Anirudh Kumar Verma, Adv.
                                                  Mr. Vyas Kumar Mishra, Adv.
                 For the Respondent/s    :        Mr. Vivekanand Singh, AC to GP-18
                 For BRBCL (NTPC)        :        Mr. Amaresh Kumar Sinha, Adv.
                                                  Mr. Vaibhav Narayan, Adv.
                                                  Ms. Deeksha, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   17-03-2026                     Heard Mr. Anirudh Kumar Verma, learned counsel for

                   the petitioner and the State.

                                 2. The present application has been preferred:

                                                      in    the     nature    of    Mandamus
                                             Commanding       and     directing     upon      the
                                             concerned      Respondents        to     pay     the
                                             compensation     to     the     petitioner     after
                                             following due procedure under the RTFCLA
           Patna High Court CWJC No.127 of 2024(3) dt.17-03-2026
                                                       2/2




                                            RR Act, 2013 for preparation of Award since
                                            in the garb of denotification in spite of taking
                                            land under physical possession and utilizing
                                            the land for Thermal Power since 2010 the
                                            compensation amount has not been paid to
                                            the petitioner and his family.
                                 3.    After some argument, learned counsel for the

                     petitioner submits that it will suffice if he is allowed to approach

                     the Collector, Aurangabad (respondent no. 3) for the redressal of

                     the grievance.

                                 4. Learned State Counsel has no objection.

                                 5. In that background, the writ petition is disposed of

                     allowing the petitioner to approach the concerned authorities

                     who shall be taking the matter to a logical conclusion at an

                     earliest.



                                                   (Rajiv Roy, J)
Vijay Singh/-

U


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