Patna High Court
Jeenat Bano @ Zeenat BanoversusThe Union of India
- Decided
- Disposal
- DISPOSED
- Bench
- SOURENDRA PANDEY
Holding
The petitioner's grievance must be addressed by the Divisional Commissioner, Purnia, as the proper authority, and the court therefore directs that authority to pass a reasoned order.
Summary
The petitioner, Jeenat Bano, filed a representation on 14‑12‑2022 seeking enhancement and modification of award amounts (Award Nos. 56 and 62) under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, together with statutory interest. The representation was initially made before the District Magistrate, Katindra, who subsequently referred the matter to the Divisional Commissioner, Purnia. The petitioner then filed a writ application before the Patna High Court alleging that the authorities had failed to dispose of the representation within the stipulated time and had not applied the provisions of the 2013 Act in computing the award. The court examined whether the petitioner had approached the correct authority for redressal of his grievance. It held that the appropriate forum for adjudicating the representation is the Divisional Commissioner, Purnia, and not the District Magistrate. Consequently, the court directed the Divisional Commissioner to pass a reasoned order within three months after hearing both parties, and disposed of the writ application.
Issues considered
- Whether the petitioner filed the representation before the correct authority for redressal of the award modification grievance.
- Whether the High Court can direct the Divisional Commissioner to pass a reasoned order on the representation.
Legislation cited
Subjects
- Land acquisition
- Award modification
- Right to Fair Compensation Act
- Statutory interest
- Writ jurisdiction
- Procedural jurisdiction
- Divisional Commissioner
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14806 of 2021
======================================================
Jeenat Bano @ Zeenat Bano W/o Md. Najeeb Ahmad Resident of Mohalla-
Choudhary Mohalla, P.S.- Katihar, District- Katihar, Presently residing at
Mohalla- Rojidpur, Ward No. 45, P.S.- Katihar Mufassil, District- Katihar at
present B/55 Jakir Nagar, P.C. Colony, Near Committee Hall, PO+PS-
Kankarbagh, District- Patna.
... ... Petitioner/s
Versus
1. The Union of India through the Secretary, Ministry of Road Transport and
Highways.
2. The Secretary, Ministry of Road Transport and Highways, New Delhi.
3. The State of Bihar through Principal Secretary, Department of Revenue,
Bihar at Patna.
4. The Commissioner, Purniya Division.
5. The District Magistrate, Katihar.
6. The District Land Acquisition Officer, Katihar.
7. The Sub-Divisional Officer, Katihar.
8. The Circle Officer, Katihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Onkar Nath,Adv.
Mr. Ajit Kumar, Adv.
Mr. Mukesh Kumar Pandey, Adv.
Mr. Ashutosh Kumar, Adv.
For the Respondent/s : Mr.Dr. Krishna Nandan Singh (ASG)
Mr. Dhurjati Kumar Prasad, G.P. 14
For the NHAI : Mr. Maurya Vijay Chandra, Adv.
Ms. Preety Ranjan, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
4 16-03-2026 Heard the learned counsel for the parties.
2. The present application has been preferred for grant
of following relief(s) :-
(i) Commanding the respondent authorities
particularly the Respondent Nos. 4 and 5
Patna High Court CWJC No.14806 of 2021(4) dt.16-03-2026
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not only to dispose off the representation
dated 14.12.2020 (Annexure -6 Series)
within stipulated time and period but also
to enhance / modified the award amount
with regard to L.A. Case No. 31/2016-17
consisting Award No. 56 and 62 and pay
the same amount alongwith statutory
interest.
(ii) Further, commanding the respondent
authorities to follow with the provisions of
Right to Fair Compensation and
Transparency in Land Acquisition
Rehabilitation and Resettlement Act, 2013
for the purpose of computation /
consideration of the award to the tune of
parameters as laid down therein.
(iii) Grant of any consequential or
incidental relief/ reliefs, for which the
petitioner can be found entitled for.
3. Learned counsel for the petitioner submits that prior
to filing the present writ application, the petitioner had made a
representation on 14.12.2022 with regard to Award Nos. 56 and
62 praying therein to enhance or modify the award and pay the
Patna High Court CWJC No.14806 of 2021(4) dt.16-03-2026
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same along with statutory interest.
4. Learned AC to GP 15 submits that the petitioner had
wrongly moved before the District Magistrate, Katihar and in
fact he ought to have moved before the Divisional
Commissioner, Purnia for redressal of his grievances. Learned
counsel has further pointed out that the District Magistrate,
Katihar had in fact referred the matter to the Commissioner for
necessary action.
5. In view of the aforesaid, the Divisional Commissioner,
Purnia is directed to pass a reasoned order within three months
from the receipt/ production of this order, after hearing the
parties including the petitioner.
6. Accordingly, the application is disposed of with the
aforesaid.
(Sourendra Pandey, J)
Gautam/-
U T
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