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Patna High Court

Shyam PrakashversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petitioner may approach the concerned appellate authority for compensation, and that authority must take into account the delay incurred while the matter was pending before this Court.

Summary

Shyam Prakash filed a writ petition seeking compensation for his house and land that were acquired for the Babura Doriganj Ganga Pool cum approach road, requesting that the compensation be calculated at the commercial house rate with interest. The petitioner also sought any other reliefs deemed appropriate. The court heard arguments and noted that the petitioner intended to approach the appellate authority within four weeks, to which the State counsel raised no objection. The High Court disposed of the petition, permitting the petitioner to approach the concerned appellate authority and directing that the authority consider the delay already incurred while the matter was pending before the Court. No substantive determination on the quantum of compensation was made by the Court.

Issues considered

  • Whether compensation for land acquired for a public project should be calculated at the commercial house rate.
  • Whether the Court can direct the petitioner to approach the appellate authority for determination of compensation.
  • Whether the delay in adjudication should be taken into account while fixing compensation.

Subjects

  • land acquisition
  • compensation
  • commercial rate
  • writ petition
  • delay
  • appellate authority

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.15768 of 2023
                 ======================================================
                 Shyam Prakash S/o Rajdeo Sahay, R/o Village-Narayanpur (daulatpur, P.s.
                 Koilawar, District Bhojpur.

                                                                     ... ... Petitioner/s
                                                Versus
           1.    The State of Bihar through the Secretary Revenue and Land Reforms
                 Department, Bihar, Patna.
           2.    The Secretary, Revenue and Land Reforms Department, Government of
                 Bihar, Patna.
           3.    The District Magistrate, Bhojpur (Ara).
           4.    The District Land Acquisition Officer, Bhojpur (Ara).
           5.    The Executive Engineer, Building Construction Department, Bhojpur (Ara).
           6.    The Circle Officer Koilawar, District-Bhojpur at Ara.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Binod Murari Mishra, Advocate
                 For the State            :       Mr. Raj Kishore Roy, GP-18
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   05-05-2026                    Heard the parties.

                                 2. The present petition has been preferred for the

                   grant of following relief(s):

                                                  “(i) for direction to the respondent

                                        concerned to pay compensation to the petitioner

                                        on the basis of rate fixed for commercial house

                                        of the house and land of the petitioner which has

                                        been acquired for the purpose of Babura

                                        Doriganj Ganga Pool cum approach road along

                                        with interest at the rate of current market rate.
            Patna High Court CWJC No.15768 of 2023(2) dt.05-05-2026
                                                       2/2




                                                     (ii) for any other relief/reliefs for

                                         which the petitioner is found entitled in the facts

                                         and circumstances of the case.”


                                  3. After some argument, learned counsel for the

                      petitioner submits that he shall be approaching the appellate

                      authority within next four weeks.

                                  4. Learned State counsel has no objection.

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

                      allowing the petitioner to approach the concerned authority and

                      while taking up the petition, the authority shall take into account

                      that the matter was pending before this Court so far as the delay

                      part is concerned.



                                                    (Rajiv Roy, J)
vinayak/-

U


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