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Patna High Court

Prabhu Kumar SahversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                        3/3




                      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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