Patna High Court
Vimlesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The Court directed the authorities to determine and pay the due compensation based on the current market value rates.
Summary
The petitioner, son of a landowner whose land was acquired in 2008 for the Bagmati Pariyojna embankment, filed a writ of mandamus seeking payment of compensation that had not been received. The petitioner alleged that despite an award notice issued in 2008, no action was taken by the Special Land Acquisition Officer, and the delay was exacerbated by the death of his father and the COVID-19 pandemic. The State contended that the petitioner had not claimed the compensation despite the award notice and that the delay was not its responsibility. The Court examined the record, noted the absence of any application by the deceased owner, and held that the State must ensure payment of the due compensation based on the current market value rates. Accordingly, the Court directed the District Magistrate and the Special Land Acquisition Officer to determine and pay the compensation, and disposed of the writ petition.
Issues considered
- Whether the State is liable to pay compensation for land acquired in 2008 despite the petitioner's delay in claiming it.
- Whether a writ of mandamus can be issued directing the payment of such compensation.
- Whether the petition is premature or maintainable given the existence of an award notice from 2008.
Subjects
- land acquisition
- compensation
- writ of mandamus
- delay
- COVID-19
- Bagmati Pariyojna
- High Court
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7453 of 2021
======================================================
Vimlesh Kumar S/o Brij Kishore Thakur R/o Mathna @ Basua PS-Katra,
Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar (Through the Principal Secretary) Department of Land
and Revenue.
2. The D.M. (Muzaffarpur).
3. Land Acquisition Officer (Muzaffarpur)
4. Circle Officer Katra Block, Dist. Muzaffarpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Ms. Smiti Bharti, Advocate.
For the Respondent/s : Mr. Navnit Kumar, AC to GP-18.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
4 05-02-2026 Heard learned counsel appearing on behalf of the
petitioner and learned counsel 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 the application has been filed for the
issuance of writ of mandamus directing the respondents to
make the payment for the land of the petitioner which has
been acquired for the construction of Bagmati Bala
embankment at village Madhana @ Basua in the district of
Muzaffarpur.”
3. Learned counsel appearing on behalf of the
petitioner in support of the claim and the relief as prayed for in
the writ petition has brought on record the special Notice dated
22.07.2008 issued in requisite form, which gives detail of the
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Khata, Khesra and total area of the land which were acquired by
the original landholder Late Brij Kishore Thakur, son of Late
Ram Lakhan Thakur. Learned counsel informs that the
petitioner is the son of Late Brij Kishore Thakur who died in the
year 2020. It is further informed that no action was taken on the
application filed before the Special Land Acquisition Officer,
Muzaffarpur subsequent to the notice which was received by the
father of the petitioner and in the meantime, by lapse of time,
the entire globe was affected by COVID-19 pandemic which
ultimately took the life of the father of the petitioner on
15.01.2020. Learned counsel submitted that petitioner had
approached the District Magistrate cum Collector, as well as, the
Land Acquisition Officer for making payment of due
compensation in respect of the land which has already been
acquired and admitted by the State Government.
4. Per contra, learned counsel appearing on behalf of
the State submitted that the land in question was acquired for
the purpose of Bagmati Pariyojna for construction of
embankment in the area and the father of the petitioner or
petitioner himself are responsible for not receiving the due
amount of compensation for which already Award notice has
been issued to the father of the petitioner as it would appear
Patna High Court CWJC No.7453 of 2021(4) dt.05-02-2026
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from Annexure-9 annexed with the writ petition. Learned
counsel further submitted that delay which has been caused in
payment of the compensation, the State cannot be held
responsible. The writ petition is fit to be dismissed being pre
mature as the petitioner has not availed compensation amount in
spite of the fact that Award notice was issued in the year 2008.
5. Heard the parties.
6. It is admitted by the State that the land as
prescribed in the notice dated 22.07.2008 was issued in the
name of Late Braj Kishore Thakur, son of Late Ram Lakhan
Thakur of village – Basua, Katra, Muzaffarpur and was acquired
for the purpose of construction of embankment in Bagmati
Pariyojna.
7. Record reveals that no application was filed on
behalf of the late father of the petitioner or the petitioner in spite
of the fact that Special notice was issued in the year 2008.
Petitioner’s counsel has submitted that in spite of the application
having been made for receiving the due compensation amount
in light of the notice subsequent to the notice dated 22.07.2008
by the father of the petitioner, no action was taken by the
Special Land Acquisition Officer, Muzaffarpur for the reason
best known to him.
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8. Considering the information, I find it appropriate to
direct the District Magistrate and the Special Land Acquisition
Officer, Muzaffarpur to ensure payment of due amount of
compensation in respect of the land which has been acquired for
Bagmati Pariyojna for construction of embankment as described
above as per the present MVR existing in the area considering
that the petitioner has not received any compensation since year
2008 and the value of the land in course of time has increased.
Such determination must be made by the Special Land
Acquisition Officer on the basis of recent MVR as notified by
the State Government.
9. The writ petition stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U
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