Patna High Court
Shyam PrakashversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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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