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Patna High Court

Sudarshan SinghversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioner must first approach the Land Acquisition Rehabilitation and Resettlement Authority within eight weeks, after which the Court will consider the appropriate order.

Summary

Petitioner Sudarshan Singh filed a writ petition seeking that the State of Bihar and its officials calculate compensation for two parcels of his land acquired under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, based on the existing market value. The State counsel argued that the Land Acquisition Rehabilitation and Resettlement Authority (LARRA) is operational and the matter should be addressed there. The Court observed that the petitioner should approach LARRA within eight weeks and, after that, the appropriate order can be passed after hearing both sides. Consequently, the writ petition was disposed with the observation directing the petitioner to approach the authority. No substantive determination on the compensation amount was made by the Court.

Issues considered

  • Whether the respondents are obligated to calculate and award compensation for the petitioner's land under the 2013 Land Acquisition Act based on market value.
  • Whether the writ petition is maintainable before the High Court or should be pursued before the Land Acquisition Rehabilitation and Resettlement Authority.

Legislation cited

Subjects

  • land acquisition
  • compensation
  • market value
  • LARRA
  • writ petition
  • Right to Fair Compensation Act

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.19759 of 2016
                 ======================================================
                 Sudarshan Singh Son of Late Ram Prasad Singh, resident of Village-
                 Akhgaon, Police Station- Sandesh in the district of Bhojpur.

                                                                                  ... ... Petitioner/s
                                                          Versus
           1.    The State Of Bihar and Ors
           2.    The Principal Secretary, Department of Revenue and Land Reforms,
                 Government of Bihar, Patna.
           3.    The District Magistrate-cum-Collector, Bhojpur, Ara.
           4.    The District Land Acquisition Officer, Bhojpur at Ara.
           5.    The Circle Officer, Sandesh in the district of Bhojpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :           Mr. Sunil Kumar, Adv.
                 For the Respondent/s     :           Mr. Vivekanand Singh, AC to Gp18
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   27-02-2026                     Heard Mr. Sunil Kumar, learned counsel for the

                   petitioner and Mr. Vivekanand Singh, learned State Counsel.

                               2. The present application has been preferred for the

                   following relief(s):

                                                          (i) To direct the respondents to
                                              calculate the amount of compensation against
                                              the land of the petitioner under acquisition
                                              bearing Khata No. 627, Plot No. 1152,
                                              measuring arca 9 decimals and Khata No. 230,
                                              Plot No. 1362, measuring area 35 decimals
                                              situated at Mauza- Akhgaon on the basis of
                                              existing market value of the land as the land
                                              bearing Khata No. 230, Plot No. 1362 is
                                              Commercial land situated at Akhgaon-Rampur
                                              Road.
                                                          11. Also to direct the respondents to
                                              award the compensation against the land of the
           Patna High Court CWJC No.19759 of 2016(2) dt.27-02-2026
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                                            petitioner appertaining to Khata No. 627, Plot
                                            No. 1152, arca 9 decimals and Khata No. 230,
                                            Plot No. 1362, area 35 decimals situated at
                                            Mauza- Akhgaon under the New Act known as
                                            "Right to Fair Compensation and Transparency
                                            in Land Acquisition, Rehabilitation and Re-
                                            settlement Tax, 2013" (herein after referred as
                                            New Act).
                                                         (iii) Also for any other relief/reliefs
                                            for which the petitioner is found to be entitled in
                                            the eye of law.
                                 3. Learned State Counsel submits that the Land

                     Acquisition Rehabilitation and Resettlement Authority (henceforth

                     for short ‘LARRA’) is functioning.

                                 4. In that background, learned counsel for the petitioner

                     submits that he shall be approaching the concerned authority in next

                     eight weeks.

                                 5. If the petitioner approaches the authority in next eight

                     weeks, an appropriate order be passed in accordance with law after

                     hearing all the parties.

                                 6. The writ petition is disposed of with aforesaid

                     observation.



                                                   (Rajiv Roy, J)
Vijay Singh/-

U


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