Patna High Court
Snani DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition is disposed, with the petitioner directed to file a proper representation within eight weeks before further consideration of her claims.
Summary
The petitioner, Snani Devi, sought compensation and other reliefs for lands acquired by the State of Bihar for the Kamala Barrage project, alleging acquisition without her consent, without her name being published in the Gazette, and without proper award under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. She claimed to have an absolute right, title and possession as a raiyati tenant paying rent to the State. The High Court examined the procedural deficiencies raised and directed the petitioner to file a proper representation before the Collector and the District Land Acquisition Officer within eight weeks. The Court indicated that once the representation is filed, the matter will be taken to its logical conclusion after hearing all parties. Consequently, the writ petition was disposed pending the filing of the representation.
Issues considered
- Whether the acquisition of the petitioner’s raiyati lands without her consent and without publishing her name in the Gazette Notification is valid under the RECLAIM Act, 2013.
- Whether the petitioner is entitled to compensation, interest, solatium and other reliefs for the acquisition of her lands.
- Whether the petitioner has a statutory right to be listed as a raiyati tenant and to receive an award under the RECLAIM Act.
Legislation cited
Subjects
- land acquisition
- compensation
- gazette notification
- raiyati rights
- RECLAIM Act
- writ petition
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3748 of 2026
======================================================
Snani Devi Wife of Sri Tapeshwar Paswan, resident of Ward No.-7, Village
Betaunha, Post-Bella, P.S.-Jainagar, Distt.-Madhubani (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through the Collector of the District Madhubani.
2. The Collector of the District, Madhubani.
3. The District Land Acquisition Officer (D.L.A.O.), Madhubani.
4. The Anchala Adhikari, Jainagar, Madhubani.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashi Nath Jha, Advocate
For the Respondent/s : Mr.Madhaw Pd. Yadav, GP-23
Mr. Arvind Kumar, AC to GP-23
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 24-03-2026 Heard the parties.
2. The present petition has been preferred for the
following relief/s:
(i) directing the Respondents- authorities to
pay the appropriate amount of compensation
to the petitioner for acquiring the raiyati
lands of the petitioner after preparing the
Award in her favour under Right to Fair
Compensation and Transparency in Land
Acquisition Rehabilitation and Resettlement
Act, 2013 (hereinafter referred to as
RECTLARR Act, 2013);
Patna High Court CWJC No.3748 of 2026(2) dt.24-03-2026
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(ii) directing the Respondents- authorities to
pay the amount of compensation along with
interest as well as amount of solatium etc. to
petitioner, as the Acquisitioning authorities
have already acquired the lands of the
petitioner especially without taking her
consent and also especially without
mentioning her name in the Gazette
Notification, meant for construction of
Kamala Barrage under the Achal Jainagar,
District-Madhubani;
(iii) directing the Respondents- authorities
alternatively, to release the lands in question
from the ongoing construction, meant for the
Project in question;
(iv) holding and Declaring that
Respondents authorities were/ are duty
bound to publish the name of the petitioner
in the Gazette Notification with respect to
lands in question and to prepare the Award
accordingly in her favour;
(v) holding and declaring that the petitioner
Patna High Court CWJC No.3748 of 2026(2) dt.24-03-2026
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has absolute right, title, interest and
possession over the lands in question, as she
has already been recognized as Ralyat by the
State of Bihar on account of the fact that she
has been paying rent to the state of Bihar
continuously;
(vi) holding and declaring that the
respondent authorities cannot deny the
amount of compensation to the petitioner by
treating the lands in question as their own
land;
(vii) restraining the respondent authorities
from dispossessing the petitioner from the
lands in question, unless and until the
appropriate amount of compensation is not
paid to the petitioner;
(viii) directing the respondents- authorities
to dispose of the representations of the
petitioner (Annx-P/series) submitted by them
before the respondents- authorities and the
same are still pending before them;
(ix) granting any other relief or reliefs for
Patna High Court CWJC No.3748 of 2026(2) dt.24-03-2026
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which the petitioner may be found entitled
to.
3. Let the petitioner prefer a proper representation
before the respondent no.02, the Collector, Madhubani as also
the respondent no.03, the District Land Acquisition Officer,
Madhubani with regard to claim put forward by her.
4. In case, such petition is preferred in next eight
weeks, it will be taken to its logical conclusion after hearing all
the necessary parties.
5. With the aforesaid observation, the writ petition is
disposed of.
(Rajiv Roy, J)
Ravi/-
U
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