Patna High Court
Rudo DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The writ petition was dismissed and the reliefs sought by the petitioner were not granted.
Summary
The petitioner, Rudo Devi, filed a writ petition seeking compensation for land acquired by the State of Bihar, contending that the land is residential and should be valued at residential rates rather than the general rate. She requested the respondents to pay Rs.3,00,00,000 and a further amount after a specified deduction, and to file an application under Section 52 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, with the decision to be rendered within 30 days as per Section 64. The petition also asked the court to direct the respondents to pay the compensation as claimed. The High Court heard arguments from counsel for both sides and found no basis to grant the reliefs sought. Consequently, the Court disposed of the writ petition without granting any relief.
Issues considered
- Whether the petitioner is entitled to compensation at residential land rates under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
- Whether the petitioner may file an application before the appropriate authority under Section 52 of the Act to challenge the compensation awarded.
- Whether the court should direct the respondents to pay the specific compensation amounts claimed by the petitioner.
Legislation cited
Subjects
- land acquisition
- compensation
- residential land rate
- Right to Fair Compensation Act
- writ petition
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20299 of 2021
======================================================
Rudo Devi Wife of Jay Prakash Singh, Resident of Village - Karna, P.O. and
P.S.- Parbatta, District – Khagaria. ... ... Petitioner/s
Versus
1. The State of Bihar .
2. The Director Land Acquisition, Director, Bihar, Patna.
3. The Commissioner, Munger Commissionary, Munger.
4. The Collector, Khagaria.
5. The District Land Acquisition Officer, Khagaria.
6. The Executive Engineer, Path Pramandal, Khagaria.
7. The Project Engineer, Bihar Rajya Pool Nirman Nigam, Path Pramandal,
Khagaria.
8. The Sub Divisional Officer, Gogri, Khagaria.
9. The Circle Officer, Parbatta, Khagaria.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mrityunjay Kumar, Advocate
For the Respondent/s : Mr. Atul Shankar, AC to SC 19
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 05-01-2026 Heard Mr. Mrityunjay Kumar, learned counsel
appearing on behalf of the petitioner and Mr. Atul Shankar,
learned AC to SC 19 for the State.
2. Petitioner has inter alia prayed for following reliefs
in the paragraphs No.1 of the writ petition:-
“(I) For that the concerned respondents may
be directed to pay the compensation amount
Rs.3,00,00,000/- (three crore) against the acquired land
of the petitioner as per type of land like residential but
not as per general rate.
(ii) For that the concerning respondents may
be directed to pay the rest compensation amount against
the acquired land of petitioner after deducting
Rs.20,78,690/- (twenty lacs seventy-eight thousand six
hundred and ninety only) from the calculated amount as
per rate of type of land like residential.
(iii) For that nay other relief/reliefs may also
be granted in favour of the petitioner if SHE deserve the
Patna High Court CWJC No.20299 of 2021(3) dt.05-01-2026
2/2
same.”
3. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner seeks to file an
application before the appropriate authority, notified under
Section 52 of the Right to Fair Compensation and Transparency
in Land Acquisition, Rehabilitation and Resettlement Act, 2013
(hereinafter referred to as the 'Act, 2013'), in accordance with
the provisions of Section 64 of the Act, 2013, to challenge the
compensation awarded to the petitioner and received for the
determination of property compensation, as the land in question
is residential in nature, rather than agricultural.
4. If such application is filed before the appropriate
authority, notified under Section 52 of the Act, 2013, the same
must be decided by him/her well within a period of 30 days, as
per the statutory provision contained under Section 64 of the
Act, 2013.
5. The writ petition is disposed of.
6. Interlocutory Application(s), if any, also stands
disposed of.
(Purnendu Singh, J)
Sanjay/-
U
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