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Patna High Court

Tapan Das @ Tapan Kumar DasversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court directed the District Land Acquisition Officer to furnish the requisite statutory forms and to ensure payment of the admitted compensation amount, thereby disposing of the petition.

Summary

Petitioner Tapan Das filed a writ petition seeking payment of compensation for land acquired under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, after an award (Prapatra IV) was prepared and the amount communicated. The petitioner alleged that the District Land Acquisition Officer was refusing to release the compensation, while the State argued that the petitioner had not filed a claim with the requisite statutory form. The Court noted that the State had not disputed the amount of compensation specified in the award. Consequently, the Court directed the District Land Acquisition Officer to provide all necessary statutory forms and to ensure that the admitted compensation is paid without further delay. The writ petition was thereafter disposed of.

Issues considered

  • Whether the High Court can intervene to direct payment of compensation when the award is prepared but payment is withheld.
  • Whether the petitioner must first submit a claim with the requisite statutory form before invoking writ jurisdiction.
  • Whether the State's admission of the compensation amount creates a mandatory duty on the Land Acquisition Officer to disburse the amount.

Legislation cited

Subjects

  • land acquisition
  • compensation
  • writ jurisdiction
  • Right to Fair Compensation Act
  • statutory forms
  • district land acquisition officer

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.2737 of 2026
                 ======================================================
                 Tapan Das @ Tapan Kumar Das S/o- Upendra Das @ Upendro Das R/o- Vill.-
                 Uttar Rampur, P.O.- Chapore, Sub-District- Goalpokhar, District- Uttar
                 Dinajpur, State- West Bengal.

                                                                              ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through Additional Chief Secretary, Land Reform and
                 Revenue Dept., Government of Bihar.
           2.    Additional Chief Secretary, Land Reforms and Revenue Dept., Government
                 of Bihar.
           3.    Collector, Kishanganj.
           4.    Appropriate Tribunal cum District Land Acquisition Officer, Kishanganj.
           5.    Anchal Adhikari, Kishanganj.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr.Sheonandan Prasad Singh, Sr. Advocate
                                                Mr.Kumar Sameer, Advocate
                 For the Respondent/s   :       Mr.Prashant Pratap, Government Pleader (02)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   19-02-2026                     Heard Mr. Sheonandan Prasad Singh, Sr. Advocate

                   along with Mr. Kumar Sameer, learned counsel appearing on

                   behalf of the petitioner and Mr. Prashant Pratap, learned GP 2

                   for the State.

                                 2. The petitioner in paragraph no. 1 of the present writ

                   petition has sought inter alia following relief(s), which is

                   reproduced hereinafter:-

                                           “That this application is being filed for
                                  issuance of appropriate writ order or direction to
Patna High Court CWJC No.2737 of 2026(2) dt.19-02-2026
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                       respondents to pay the compensation of the land
                       described in paragraph no.3 of the petition to the
                       petitioner according to the provisions of Right to
                       Fair Compensation and Transparency in Land
                       Acquisition, Rehabilitation and Resettlement Act,
                       2013 with statutory interest upon the same till date
                       of actual payment.”
                      3. Mr. Sheonandan Prasad Singh, learned Senior

          Advocate along with Mr. Kumar Sameer, learned counsel

          appearing on behalf of the petitioner submitted that the present

          writ petition has been filed for making payment of due

          compensation as per the award prepared in Prapatra IV [notice

          issued under Section 37(2) of the Right to Fair Compensation

          and Transparency in Land Acquisition, Rehabilitation and

          Resettlement Act, 30 of 2013].

                      4. Learned counsel further submitted that despite the

          award having been duly prepared and the amount of

          compensation having been communicated, the Land Acquisition

          Officer, for the reasons best known to him,           is not making

          payment of the compensation amount             to the petitioner so

          determined, calling for interference of this Court.

                      5. Per contra, Mr. Prashant Pratap, learned GP-2

          appearing on behalf of the State submitted that the petitioner has

          sought to invoke the writ jurisdiction of this Hon’ble Court

          without establishing any grounds warranting interference. He

          submitted that in absence the petitioner having made his claim
Patna High Court CWJC No.2737 of 2026(2) dt.19-02-2026
                                            3/4




          before the Land Acquisition Officer in the duly filled requisite

          form, no action could be taken. Learned counsel also submitted

          that the Land Acquisition Officer, Kishanganj is duty bound to

          act, in accordance with the provisions of the Right to Fair

          Compensation         and     Transparency      in   Land   Acquisition,

          Rehabilitation and Resettlement Act, 2013, in case, the

          petitioner approaches the Land Acquisition Officer along with

          the duly filled requisite form in support of his claim to receive

          the amount of compensation.

                      6. Heard the parties.

                      7. Having considered the rival submissions made on

          behalf of the parties and in view of the admitted fact that the

          State has not disputed the amount of the compensation

          contained in Prapatra IV [notice issued under Section 37(2) of

          the Right to Fair Compensation and Transparency in Land

          Acquisition, Rehabilitation and Resettlement Act, 30 of 2013] to

          the petitioner.

                      8. The District Land Acquisition Officer is directed to

          extend full cooperation and provide all requisite statutory forms

          to the petitioner so that the petitioner is not deprived of the

          admitted compensation amount for which notice was issued in

          the year 2023 forthwith.
            Patna High Court CWJC No.2737 of 2026(2) dt.19-02-2026
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                                  9. With the above observation/direction, the present

                      writ petition stands disposed of.



                                                (Purnendu Singh, J)
chn/-

U       .


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