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Patna High Court

Sharda Devi and OrsversusThe Union Of India and Ors

Decided
Disposal
DISPOSED

Holding

The court directed the petitioners to approach the appropriate authority for compensation at the new rate and disposed of the writ petition.

Summary

A group of villagers from Bharpura filed a writ petition against the Union of India and railway authorities seeking compensation at the new rate under the Land Acquisition Act, rehabilitation and resettlement benefits, and employment for affected family members. They also requested interim relief pending the petition. The court noted that the petitioners could approach the appropriate authority for compensation at the revised rate. No substantive order on rehabilitation, resettlement, or employment was granted. Consequently, the court disposed of the writ petition without granting the reliefs sought.

Issues considered

  • Whether the respondents are liable to pay compensation at the new rate under the Land Acquisition Act and the Land Acquisition Rehabilitation and Resettlement Act, 2013.
  • Whether the respondents must provide rehabilitation, resettlement, and employment to the petitioners.
  • Whether interim relief can be granted in the pending writ petition.

Legislation cited

Subjects

  • land acquisition
  • compensation
  • rehabilitation
  • resettlement
  • writ petition
  • interim relief
  • railway

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.13830 of 2014
                 ======================================================
           1.     Sharda Devi wife of Anil Kumar daughter of Yadunandan Bhagat
           2.    Rajnath Sah son of late Brahmdeo Sah
           3.    Rajdeo Chaurasia son of Yadunandan Bhagat
           4.    Laxman Chaurasia son of Yadunandan Bhagat
           5.    Shatrughan Chaurasia son of Yadunandan Bhagat
           6.    Ram Naresh Prasad son of Lalu Bhagat
           7.    Amir Kumar Son of Munni Bhagat
           8.    Subosh Kumar Prasad son of Krishndeo Prasad
           9.    Sunil Kumar Prasad son of Krishndeo Prasad
           10. Dilip Kumar son of Laxman Prasad Chaurasia
           11. Pankaj Kumar son of Umesh Chaurasia All resident of village- Bharpura,
               P.S.- Sonepur, District- Saran at Chhapra

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The Union Of India.
           2.    The Secretary, Railway Board, New Delhi
           3.    The Divisional Railway Manager, Eastern Central Railway, Danapur null
                 null
           4.    The General Manager, Eastern Central Railway, Sonepur
           5.    The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna
           6.    The Principal Secretary, Revenue Department, Govt. of Bihar, Patna
           7.    Director, Land Acquisition, Bihar, Patna
           8.    District Magistrate, Saran at Chapra
           9.    Land Acquisition Officer, Saran at Chapra

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Abhash Chandra, Advocate
                 For the Respondent/s   :      Mr. Anirban Kundu, SC-24
                                               Mrs. Shally Kumari, AC to SC-24
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   13-01-2026                 Heard Mr. Abhash Chandra, learned counsel for the

                   petitioners and Mr. Anirban Kundu, learned SC-24.
Patna High Court CWJC No.13830 of 2014(3) dt.13-01-2026
                                           2/3




                      2. The present petition has been preferred for the

          following relief(s):

                                      “(i) Respondents concerned be directed

                          to pay appropriate compensation at new rate as

                          provided under the Land Acquisition Act as well as

                          right to fair compensation and transparency in

                          Land Acquisition Rehabilitation and Resettlement

                          Act, 2013 herein after to be referred as the Act.

                                      (ii) Respondents concerned be directed

                          to provide due provision for rehabilitation and

                          resettlement of the petitioners and cost of entire

                          infrastructure therefore he made.

                                      (iii) Respondents he further directed to

                          provide job/employment to one member of the

                          family of each petitioners, who have lost their

                          house and occupation besides the source of

                          livelihood on account of acquisition of their house.

                                      (iv) Further the Respondents be directed

                          to grant relief prayed for above during the

                          pendency of this writ application as an interim

                          order.

                                      (v) Any other relief or reliefs to which the
          Patna High Court CWJC No.13830 of 2014(3) dt.13-01-2026
                                                     3/3




                                    petitioners be found entitled to be granted to

                                    them.”

                                3. After some argument, learned counsel for the

                    petitioner submit that they shall be approaching the appropriate

                    authority for grant of compensation at the new rate.

                                4. Granting said liberty and expecting the authority to

                    look into the matter and do the needful, the writ petition stands

                    disposed of.



                                                  (Rajiv Roy, J)
Adnan/-

U


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