Patna High Court
Prabhu Kumar SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SOURENDRA PANDEY
Holding
The court held that the District Land Acquisition Officer must consider the petitioner's application and issue a reasoned order within two months.
Summary
Petitioner Prabhu Kumar Sah filed applications on 27‑01‑2022 and 31‑01‑2022 seeking compensation for 0.1120 acres of land acquired, alleging that the notice issued under Section 37(2) of the Land Acquisition Act incorrectly stated the area as 0.02 acres and that the authorities had not ruled on his objections. He prayed for compensation with interest and other consequential benefits. The High Court noted the pending applications and the failure of the District Land Acquisition Officer and the District Collector to decide the matter. The Court directed the District Land Acquisition Officer to consider the petitioner's 27‑01‑2022 application, allow the petitioner to supplement his submissions, and pass a reasoned order within two months. The writ application was disposed with this direction, leaving the substantive compensation claim to be determined by the officer.
Issues considered
- Whether the failure of the District Land Acquisition Officer and the District Collector to decide the petitioner's applications warrants judicial intervention.
- Whether the discrepancy in land area mentioned in the notice under Section 37(2) of the Land Acquisition Act can be corrected by the court.
- Whether the court can direct the District Land Acquisition Officer to pass a reasoned order on the compensation claim.
Legislation cited
- Land Acquisition Act — s. 37(2)
Subjects
- land acquisition
- compensation
- Section 37
- notice discrepancy
- writ petition
- administrative delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6874 of 2022
======================================================
Prabhu Kumar Sah, Son of Shiv Nath Sah, Resident of Village-Mirhatti, P.S.-
Sultanganj, District- Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Revenue and Land Reforms
Department, Govt. of Bihar, Patna.
2. The Principal Secretary, Land Acquisition Department, Govt. of Bihar,
Patna.
3. The Director, Land Acquisition and Rehabitation Department, Govt. of
Bihar,
4. The Divisional Commissioner, Bhagalpur.
5. The District Magistrate/Collector, Bhagalpur, District-Bhagalpur.
6. The Special Land Acquisition Officer, Bhagalpur, District-Bhagalpur.
7. The District Land Acquisition Officer, Bhagalpur, District-Bhagalpur.
8. The Anchaladhikari Sultanganj, District-Bhagalpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
Mr. Dhananjay Kumar Gupta, Advocate
Ms. Isha Mishra, Advocate
For the Respondent/s : Mr. Sajid Salim Khan, SC-25
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 26-03-2026 Heard the learned counsel for the parties.
2. The present writ application has been preferred
for considering the applications filed by the petitioner on
27.01.2022 and 31.01.2022, before the District Land Acquisition
Officer, Bhagalpur and the District Magistrate, Bhagalpur,
respectively, for grant of compensation for the 0.1120 acres of
land of the petitioner and further issue direction to the
respondents to pay the compensation amount to the petitioner
Patna High Court CWJC No.6874 of 2022(3) dt.26-03-2026
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along with the interest of 11% per annum till date and further
give other legal consequential benefits to the petitioner.
3. Learned counsel for the petitioner submits that
though the land of the petitioner which has been acquired is to
the tune of 0.1120 acres, the notice which was issued under
Section 37(2) of the Act contains the area of the land under
acquisition to be 0.02 acres. It has further been submitted that
the petitioner filed an application challenging the same before
the District Land Acquisition Officer, Bhagalpur on 27.01.2022
and also made a representation before the District Collector,
Bhagalpur on 31.01.2022, however, till date they have not
decided the objections being raised by the petitioner.
4. Learned A.C. to SC-25, at the outset, submits
that the matter may be disposed of with a direction to the
respondent no. 7, District Land Acquisition Officer, Bhagalpur
for consideration of such representation already made by the
petitioner and for passing necessary order.
5. Considering the aforesaid submissions made by
the parties, the present writ application is being disposed of with
a direction to the respondent no. 7, District Land Acquisition
Officer, Bhagalpur, to consider the application made by the
petitioner way back on 27.01.2022, and on which till date no
Patna High Court CWJC No.6874 of 2022(3) dt.26-03-2026
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order has been passed. The petitioner shall be at liberty to
supplement his submissions, afresh, and a reasoned order be
passed by the respondent no. 7, District Land Acquisition
Officer, Bhagalpur, within a period of two months from the date
of receipt/ production of a copy of this order.
6. Accordingly, the application stands disposed of
with the aforesaid liberty to the petitioner.
(Sourendra Pandey, J)
khushbu/-
U T
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