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Patna High Court

Sanjeev Kumar,versusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition was dismissed as withdrawn because, per the Supreme Court decision, the acquisition does not lapse when compensation has been paid despite the absence of possession.

Summary

The petitioners, a group of landowners, filed a writ petition seeking a declaration that the acquisition of their lands under Land Acquisition Proceeding No. 2/6 of 1995-1996 had lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013, because possession had not been taken, and they asked for a restraining order against forceful possession. The respondents, including the Bihar Industrial Area Development Authority (BIADA) and the State, relied on a Supreme Court decision in Indore Development Authority v. Manohar Lal & Ors. (2020) 8 SCC 129, which held that the acquisition does not lapse if compensation has been paid even though possession is not yet taken. The learned counsel for the petitioners accepted this precedent and sought to withdraw the petition. The Court, noting the Supreme Court’s ruling, allowed the withdrawal and disposed of the writ petition. Consequently, no further relief was granted and the petition was dismissed as withdrawn.

Issues considered

  • Does a land acquisition proceeding lapse under Section 24(2) of the 2013 Act when possession is not taken but compensation has been paid?
  • Is the writ petition seeking declaration of lapse and restraining possession maintainable in view of the Supreme Court precedent?

Legislation cited

Subjects

  • land acquisition
  • Section 24(2)
  • Right to Fair Compensation Act
  • possession
  • compensation
  • writ petition
  • Supreme Court precedent
  • withdrawal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.19756 of 2019
                 ======================================================
           1.     Sanjeev Kumar, son of Gorelal Singh, Resident of Village- Bihat, Ward No.
                  15, Police Station- Barauni, District- Begusarai.
           2.    Sita Ram Singh, son of Late balo Singh, Resident of Village- Bihat,
                 Sadanandpur Tola, Ward No. 15, Police Station- Barauni, District-
                 Begusarai.
           3.    Ranjeet Kumar, son of Late Ram Sagar Singh, Resident of Village- Bihat,
                 Tola Maksaspur, Ward No. 15, Police Station- Barauni, District- Begusarai.
           4.    Kapeeldeo Bhagat, son of Late Ragho Bhagat, Resident of Village-
                 Habaspur, Police Station- Barauni, District- Begusarai.
           5.    Jagdis Bhagat, son of Late Snehi Bhagat, Resident of Village- Habaspur,
                 Police Station- Barauni, District- Begusarai.
           6.    Uday Bhushan, son of Late Jagdish Prasad, Resident of Village- Pupraur,
                 Police Station- Barauni, District- Begusarai.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through Principal Secretary, Revenue and Land Reforms
                 Department, Government of Bihar, Patna.
           2.    The Director, Land Acquisition Directorate, Government of Bihar, Patna.
           3.    The Commissioner, Munger Division, Munger.
           4.    The Secretary, Industries Department, Government of Bihar, Patna.
           5.    The District Magistrate, Begusarai.
           6.    The Land Acquisition Officer, Begusarai.
           7.    The Bihar Industrial Area Development Authority (B.I.A.D.A.), Patna
                 through its Secretary, Patna.
           8.    The Managing Director, Bihar Industrial Area Development Authority
                 (B.I.A.D.A.), Bihar, Patna.
           9.    The Executive Director, Bihar Industrial Area Development Authority
                 (B.I.A.D.A.), Darbhanga.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Amar Nath Singh, Advocate
                 For the BIADA          :      Mrs. Binita Singh, Advocate
                 For the State          :      AAG-12
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

5   13-01-2026                    Heard Mr. Amar Nath Singh, learned counsel for the

                   petitioners and the State as also the BIADA.
Patna High Court CWJC No.19756 of 2019(5) dt.13-01-2026
                                           2/3




                      2. The present petition has been preferred for the

          following relief/s:

                                  (i) for issuance of an appropriate writ/writs,

                                  order/orders,      direction/directions   to the

                                  respondents to declare the acquisition of

                                  land of the petitioners and others similarly

                                  situated persons under Land Acquisition

                                  Proceeding No. 2/6 of 1995-1996 lapsed as

                                  per provisions contained in Section 24 (2) of

                                  the Right to Fair Compensation and

                                  Transparency            in   Land    Acquisition

                                  Rehabilitation and Resettlement Act, 2013

                                  (For short the Act of 2013) as the possession

                                  has not been taken and to further restrained

                                  the respondents to take forceful possession

                                  over the lands in question against the

                                  provisions of law and for any other

                                  order/orders, direction/directions as your

                                  Lordships may deem fit and proper in the

                                  mentioned facts and circumstances of this

                                  case.

                       3. A counter affidavit has come on behalf of the
         Patna High Court CWJC No.19756 of 2019(5) dt.13-01-2026
                                                    3/3




                   BIADA and learned counsel for the petitioners submit that in

                   view of the statement made in paragraph-11 wherein the order

                   of the Hon’ble Apex Court in the case of Indore Development

                   Authority vs Manohar Lal & Ors. reported in (2020)8 SCC

                   129 wherein it has been observed that even though actual

                   possession after the acquisition has not been taken over the by

                   the authority, if the compensation has been paid, the proceeding

                   of acquisition would not lapse under section 24(2) of the 2013

                   Act, he may be permitted to withdraw the petition.

                                4. Accordingly, the writ petition is disposed of as

                   withdrawn.



                                                 (Rajiv Roy, J)
Ravi/-

U


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