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Patna High Court

Shyam Bihari SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court directed the LARRA to dispose of the petition and release the deposited award amount within two months.

Summary

The petitioners, three brothers, sought a writ directing the Land Acquisition Rehabilitation and Resettlement Authority (LARRA), Gaya, to release the compensation award amount that had been deposited after their land was acquired in 2017 for a road project. They had previously filed a reference case before LARRA in 2022 for enhancement of compensation, which remained pending, and had earlier obtained liberty from this Court to pursue that reference. The State argued that LARRA should simply dispose of the petition for release of the amount. The Court, after hearing both sides, ordered LARRA to dispose of the petition and release the deposited award amount within two months, thereby disposing of the writ application.

Issues considered

  • Whether the LARRA can be directed by the High Court to release the deposited compensation award amount to the petitioners.
  • Whether the petitioners are entitled to the release of the award amount pending the resolution of their reference case before LARRA.

Subjects

  • land acquisition
  • compensation
  • rehabilitation and resettlement authority
  • writ jurisdiction
  • release of award amount
  • reference case

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.19092 of 2024
                 ======================================================
           1.     Shyam Bihari Singh Son of Late Lal Narayan Singh Resident of Village and
                  P.O.- Tarari, P.S.- Daudnagar, District- Aurangabad.
           2.    Jay Prakash Singh, son of Late Lal Narayan Singh, Resident of Village and
                 P.O.- Tarari, P.S.- Daudnagar, District- Aurangabad.
           3.    Santosh Kumar singh, son of Late Lal Narayan Singh, Resident of Village
                 and P.O.- Tarari, P.S.- Daudnagar, District- Aurangabad.

                                                                          ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Principal Secretary Department of Revenue
                 and Land Reforms Government of Bihar, Patna.
           2.    The District Magistrate-Cum-Collector, Aurangabad.
           3.    The District Land Acquisition Officer, Aurangabad.
           4.    The Registrar, Land Acquisition Rehabilitation and Resettlement Authority,
                 Gaya.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   : Mr.Vyas Kumar Mishra
                                          Mr. Aniruddh Kumar Verma
                 For the Respondent/s   : Mr. Alok Ranjan, AC to Additional Advocate General (5)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

3   16-02-2026          1. Heard the parties.

                        2. Petitioners have filed the present writ application for a

                   direction to respondent authority including the Land Acquisition

                   Rehabilitation & Resettlement Authority, Gaya (for short

                   “LARRA”) to pay the petitioners the deposited award amount

                   and further to dispose Reference Case bearing no. 1, 2, 3, 4 & 5

                   of 2022 arising out of Land Acquisition Case No. 01 of 2017.

                        3. Learned counsel for the petitioners submits that land of

                   the petitioners appertaining to Khata No. 465, Plot No. 1110 and
Patna High Court CWJC No.19092 of 2024(3) dt.16-02-2026
                                           2/3




          Khata No. 18, Plot No. 1114 situated at Mauza: Tarari,

          Daudnagar (Aurangabad) was acquired in the year 2017 for

          construction of approach road on Daudnagar -Nasriganj Road

          on the Sone river. After following the procedure of acquisition,

          the award / notice was prepared in the name of the petitioners

          copy of which has been annexed as Annexure- P/1. The

          petitioners being aggrieved by the award amount filed

          Reference Case No. 02 of 2022 before LARRA Gaya which is

          still pending. The amount fixed in the award by the competent

          authority has been deposited by them before LARRA in the

          aforesaid reference case. The petitioners before filing reference

          case approached this Court in CWJC No. 5637 of 2017 which

          was disposed vide order dated 28.06.2022 granting liberty to the

          petitioners     to   file    reference      case   before   LARRA for

          enhancement of compensation. The Court further observed that

          the amount of compensation lying in deposit before LARRA

          may be released in favour of the petitioners if they are found

          entitled for the same. The petitioners have filed a petition before

          LARRA for release of the admitted award amount which was

          deposited by the competent authority but no order has yet been

          passed by the LARRA.

              4. Learned counsel for the State submits that LARRA may
           Patna High Court CWJC No.19092 of 2024(3) dt.16-02-2026
                                                      3/3




                     be directed to dispose the petition filed by the petitioners for

                     release of the admitted award amount.

                         5. Having considered the submissions advanced by the

                     parties and considering the nature of dispute, the LARRA is

                     directed to dispose the petition filed by the petitioners in

                     accordance with law for release of the deposited award amount

                     within a period of two months from today.

                         6. With the aforesaid observation and direction, this writ

                     application is disposed of.



                                             (Anil Kumar Sinha, J)
praful/-

U


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