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Patna High Court

Ram Vivek Singh and AnrversusThe Union Of India and Ors

Decided
Disposal
DISPOSED

Holding

The order of the LARRA dismissing the petition on technical grounds is quashed as the authority should have decided the matter on merit.

Summary

The petitioners, Ram Vivek Singh and Ajay Kumar Singh, sought compensation for land acquired for the Indo‑Nepal Border road in Madhubani district. They alleged that the Land Acquisition, Rehabilitation and Resettlement Authority (LARRA) dismissed their application filed under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 on a technical ground, without considering the merits. The petitioners argued that a subsequent petition filed on 30‑12‑2017, together with a limitation condonation petition, should have been decided on merit. The respondents contended that no petition invoking Section 64 had been filed before the Collector. The High Court held that the LARRA erred in dismissing the petition on technicalities and should have examined the case on its merits. Consequently, the Court quashed the LARRA order dated 24‑08‑2018 and directed the petitioners to approach the LARRA for a merit‑based decision. The writ petition was thereafter disposed.

Issues considered

  • Whether the LARRA erred in dismissing the petition filed under Section 64 of the 2013 Act on technical grounds.
  • Whether the petition should have been decided on merit despite procedural deficiencies.
  • Whether the order dated 24‑08‑2018 passed by the LARRA is liable to be quashed.

Legislation cited

Subjects

  • land acquisition
  • compensation
  • Right to Fair Compensation Act
  • Section 64
  • writ of certiorari
  • LARRA
  • technical dismissal
  • limitation condonation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.23441 of 2018
                 ======================================================
           1.     Ram Vivek Singh S/o Late Shivdhar Singh @ Sridhar Singh Resident of
                  Village- Basuki Bihari, Post- Basuki Bihari, P.S.- Madhwapur, District-
                  Madhubani
           2.    Ajay Kumar Singh S/o Sri Ram Vivek Singh Resident of Village- Basuki
                 Bihari, Post- Basuki Bihari, P.S.- Madhwapur, District- Madhubani

                                                                        ... ... Petitioner/s
                                                 Versus
           1.    The Union Of India through the Secretary Ministry of Road Transport and
                 Highways, New Delhi
           2.    The Principle Secretary, Revenue Department, New Secretariat, Govt. of
                 Bihar.
           3.    The State of Bihar through District Magistrate, Madhubani
           4.    The Competent Authority cum District Land Acquisition Officer, (the
                 designated Collector) Madhubani
           5.    The Additional Collector-cum-Enquiry Officer, Madhubani
           6.    The Circle Officer Madhwapur, District- Madhubani

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr. Ranjan Kumar Dubey, Advocate
                                              Mr. Kumar Gaurav, Advocate
                                              Mr. Shashank Kashyap, Advocate
                                              Ms. Sheshadri Kumari, Advocate
                                              Ms. Ishique Raj, Advocate
                 For the Respondent/s   :     Mrs. Nutan Sahay, AC to AAG-12
                 For the NHAI           :     Mr. Sanat Kumar Mishra, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   13-01-2026                   Heard Mr. Ranjan Kumar Dubey, learned counsel for

                   the petitioners duly assisted by Ms. Sheshadri Kumari, Mrs.

                   Nutan Sahay, learned AC to AAG-12 and Mr. Sanat Kumar

                   Mishra representing the NHAI.

                                 2. The present petition has been preferred for the

                   following relief(s):
Patna High Court CWJC No.23441 of 2018(3) dt.13-01-2026
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                                      “(i) For issuance of writ in the nature of

                          certiorari for quashing the order dated 24.08.18

                          passed by the presiding officer of Land Acquisition,

                          Rehabilitation            and   Resettlement,    Tribunal

                          Darbhanga hereinafter called as LARRA (DBG) in

                          Misc. Case No. 17/17-18 by which he has

                          dismissed he said Misc. Case as filed by petitioner

                          u/s 64 of the Right to Fair Compensation and

                          Transparency in Land Acquisition, Rehabilitation

                          and Resettlement Act, 2013.

                                      (ii) For issuance of writ in the nature of

                          command the authority under the act to fix the

                          compensation of the land of petitioners as per the

                          prevalent residential value in the area and pay the

                          same as per the petitioners forthwith.

                                      (iii)         For   any   other     writ/writs,

                          order/orders for which petitioners deemed entitled

                          to.”

                      3. The matter relates to lands situated in Mauja Basuki

          Bihari, Thana No. 61 in Madhwapur Circle in the District of

          Madhubani.

                      4. Pursuant to the Land Acquisition Proceeding Case
Patna High Court CWJC No.23441 of 2018(3) dt.13-01-2026
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          No. 01 of 2015-16 relating to construction of Indo-Nepal Border

          road (Parsa to Akharaghat), the lands in question was/were

          acquired.

                      5. The contention of the petitioner is/are as follows:

                              “(i) on 25.01.2017, they moved before the

                  Collector so that the matter is referred to the Land

                  Acquisition, Rehabilitation and Resettlement Authority

                  (for brevity ‘the LARRA’) (annexure-5 to the petition);

                              (ii) the submission is that though the exact

                  word/act was not incorporated, the same was not referred

                  and in that background, he directly moved before the

                  Land Acquisition,          Rehabilitation   and   Resettlement

                  Authority on 20.03.2017 (annexure-9 to the petition);

                              (iii) further, to safeguard his interest and to

                  avoid the technicalities which may cause prejudice to

                  him, another petition was preferred before the Collector,

                  Madhubani on 30.12.2017 (annexure-11 to the petition).”

                      6. The contention is that ‘the LARRA’ in Misc. Case

          No. 17 of 2017-18 vide an order dated 24.08.2018 taking into

          account the fact that the application submitted by the petitioner

          on 25.01.2017 before the Collector had no prayer for its

          reference to ‘the LARRA’ though on 30.12.2017 it filed another
Patna High Court CWJC No.23441 of 2018(3) dt.13-01-2026
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          petition before the Collector, Madhubani alongwith the

          limitation petition for condoning the delay and as the same was

          filed during the pendency of the Misc. Case No. 17 of 2017-18

          that was being dealt by ‘the LARRA’, it was dismissed

          (Annexure-1 to the petition).

                      7. Learned counsel for the petitioner submits that ‘the

          LARRA’ considered the earlier petition dated 25.08.2017 as also

          the second petition before the Collector dated 30.12.2017 which

          was filed alongwith limitation petition ought to have passed an

          order on merit instead of dismissing it on technical ground.

                      8. A counter-affidavit has come on behalf of the State-

          respondent nos. 3 to 6 and according to it, the petitioner did not

          filed any petition before the Collector for reference under

          Section 64 of the Act.

                      9. This Court is of the opinion that when ‘the LARRA’

          had taken up the matter for consideration and also

          acknowledges that realizing the mistake, the petitioner preferred

          another petition on 30.12.2017 alongwith limitation petition, it

          ought to have taken a wider look and decide the matter on merit

          instead of dismissing it on technical ground.

                      10. On this ground alone, this Court is of the opinion

          that the order has to go.
          Patna High Court CWJC No.23441 of 2018(3) dt.13-01-2026
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                                11. The order dated 24.08.2018 passed in Misc. Case

                    No. 17/2017-18 passed by ‘the LARRA’ (annexure-1) stands

                    quashed.

                                12. The petitioners alongwith the copy of the order

                    shall be approaching ‘the LARRA’ in next four weeks which

                    shall be taking up the matter and the same has to be decided in

                    accordance with law on merit.

                                13. The writ petition stands disposed of with aforesaid

                    observation.



                                                  (Rajiv Roy, J)
Adnan/-

U


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