Patna High Court
Param Hans SinghversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court did not adjudicate the merits and directed the petitioner to approach the District Judge within four weeks.
Summary
Petitioner Param Hans Singh filed a writ petition seeking a mandamus directing the State of Bihar and its officials to pay compensation with 100% solarium for land over which electric wires were laid without acquisition, to declare the market value of the land, and to either remove the wires or acquire the land. The petitioner alleged that the land was taken to benefit a private rice mill and that the acquisition notifications were arbitrary and malafide. The respondents countered that the petitioner should first approach the District Judge of Vaishali. The Court, after hearing counsel, directed the petitioner to file a petition before the District Judge within four weeks and indicated that the matter would be taken up thereafter for disposal within a year. No substantive determination on compensation, valuation, or legality of the acquisition was made.
Issues considered
- Whether the respondents are liable to pay compensation with 100% solarium for the land over which electric wires were laid without acquisition.
- Whether the land should be valued at Rs.1,32,000 per decimal as per market/commercial value.
- Whether the petitioner should first approach the District Court before seeking relief in the High Court.
- Whether the acquisition notifications dated 5.12.2011 and 9.9.2013 are valid and lawful.
Legislation cited
- Land Acquisition Act, 1894 — s. 47/4
Subjects
- land acquisition
- compensation
- solarium
- valuation
- mandamus
- electric wires
- district court jurisdiction
- arbitrary action
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.511 of 2017
======================================================
Param Hans Singh Son of Late Gaya Prasad Singh resident of village
Khaoksa Buzurg, P.S. - Desari, District - Vaishali.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Principal Secretary, Department of Revenue and Land Reforms Department,
Bihar, Patna.
3. Deputy Secretary, Land Revenue and Reforms Department, Bihar, Patna.
4. The Under Secretary Land Acquisition Directorate, Department of Land
Revenue and Reforms Department
5. Bihar State Power Holding Distribution Co. Ltd. through Chairman, Vidyut
Bhawan, Bailey Road, Patna
6. The District Magistrate, Vaishali at Hajipur, District - Vaishali.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Durga Nand Jha, Advocate
For the Respondent/s : Mr.Sajid Salim Khan -SC-25
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
9 12-01-2026 Heard the parties.
2. The present petition has been preferred for the
following relief/s:
(i) issuance of a writ in the nature of
Mandamus directing and commanding the
respondents to pay the adequate amount of
compensation with 100% solarium against
the Land of Petitioner appertaining to Khata
no. 56 (New), Plot No. 442 (New 239 (Old)
measuring an area about 2.75 Katha of
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Mouza Khoksa Buzurg over which high
Power electric wire has been passed from a
pole on the road to Sub-station without
authorization and acquiring the Land of
petitioner with a sole motive to facilitate M/s
Durga Rice Mill or in alternative to restore
the Land of petitioner to its original position
and status forth with;
(ii) issuance of an appropriate declaration
that the Land of petitioner over which
Electric wires have been made to be passed
is valued of Rs. 1,32,000-00 per decimal as
per market/commercial value of said Land
and as is prevailing in said Locality or at
least as per the valuation declared by the
office of Registration to which petitioner is
entitled to along with adequate amount if
interest 18% Annum;
(iii) issuance of an appropriate declaration
that earlier notification was issued by the
Government vide Notification no. 2052
dated 5.12.2011 where under plot no. 435,
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436 and 437 were acquired for construction
of D.LA. Vaishali (Power grid) 4/11. Such
acquisition was made under section 47/4
which was to affect Durga Rice Mill and
there-fore, another Notification was issued
vide Notification no. 145/2013-2220 dated
9.9.2013 to facilitate the aforesaid rice mill
and Electric wire made passed through the
Land of petitioner without acquiring the
Land of petitioner and thus the acts of
Respondents are arbitrary and malafide;
(iv) issuance of an appropriate direction to
Respondents either to remove the Electric
wire from the Land of petitioner or to issue
notification to acquire the Land of petitioner,
as petitioner is sustaining recurring loss and
there by to pay the adequate amount of
compensation with applicable solarium to
petitioner for the ends of Justice.
(v) any other relief or reliefs be granted to
petitioner to which he is found to be entitled.
3. Supplementary counter affidavit has come on
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behalf of respondents, according to which, the petitioner ought
to have approached the learned District Judge,Vaishali at
Hajipur.
4. At this stage, learned counsel for the petitioner
submits he shall be taking steps for approaching the District
Judge, Vaishali at Hajipur.
5. In case, such petition is preferred in next four
weeks, the Court concerned shall take up the matter and
considering that it is an old one, shall see to it that the is
disposed of at an earliest, preferably within a period of one year.
(Rajiv Roy, J)
Ravi/-
U
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