Patna High Court
Jagadambi ChaudhariversusThe Union of India
- Decided
- Disposal
- DISPOSED
- Bench
- RANA VIKRAM SINGH
Holding
The competent authority for payment of compensation is IOCL Barauni, and the petitioner must file a fresh representation there, with the authority directed to decide the claim within three weeks.
Summary
Jagadambi Chaudhari's land was acquired for an Indane gas pipeline but he received no compensation. He filed a writ petition seeking payment, which was earlier directed to the District Magistrate who in turn referred the matter to the competent authority, IOCL Barauni. The Court held that the District Magistrate lacks jurisdiction to order payment and that IOCL Barauni is the proper authority. The petitioner was directed to file a fresh representation before the administrative head of IOCL Barauni within three weeks, and IOCL Barauni was ordered to decide the compensation claim within three weeks, applying Section 80 of the RFCTLARR Act, 2013 regarding interest. The writ application was disposed with these directions.
Issues considered
- Whether the District Magistrate has jurisdiction to order payment of compensation for land acquired for a gas pipeline
- Which authority is the competent authority to decide the compensation claim
- Whether the petitioner should be directed to approach the competent authority for relief
Legislation cited
Subjects
- land acquisition
- compensation
- RFCTLARR Act
- jurisdiction
- writ jurisdiction
- gas pipeline
- IOCL
- administrative remedy
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8000 of 2026
======================================================
Jagadambi Chaudhari son of Late Ramavatar Chaudhari, resident of Village -
Mirzapur, Post Office - Changeri, P.S. - Barahat, District - Banka, PIN-
813109.
... ... Petitioner
Versus
1. The Union of India through its Home Department, Ministry of Petroleum
and Natural Gas, Government of India, Kartavya Bhawan-03, Janpath Road,
New Delhi-110001.
2. The District Magistrate (Banka), District - Banka.
3. The District Land Acquisition Officer Banka, District - Banka.
4. The Senior Manager, Construction, Indane Gas Pipeline Division, LPG
Bottling Plant, Village - Masudanpur, P.S. - Barahat, District - Banka.
5. The Assistant Manager, Indane Gas Pipeline Division, LPG Bottling Plant,
Village - Masudanpur, P.S. - Barahat, District Banka.
6. The Circle Office, Anchal - Barahat, P.S. - Barahat, District -Banka.
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Mritunjay Prasad Singh
For the Respondents : Mr. Ram Tujabh Singh, CGC
Mr. Radhika Raman Singh, Sr. CG
For the State : Ms. Vijaya Laxmi Srivastava, AC to SC-23
======================================================
CORAM: HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
ORAL ORDER
2 01-07-2026 Heard the parties.
2. At the very outset, the petitioner prays for deletion
of prayer no.1 by submitting that he is not pressing relief no.1(i)
as prayed in the writ application.
3. As such, this prayer is allowed and the prayer made
at paragraph no. 1(i) would deem to be deleted as not pressed.
4. Alternatively, he makes a prayer to issue a direction
to respondent nos. 4 and 5 to decide and dispose off the
Patna High Court CWJC No.8000 of 2026(2) dt.01-07-2026
2/5
representation filed by him for making payment of
compensation amount of the land bearing Khata No. 16, Plot
No. 158, area 25 decimals situated at Mouza - Kharhara (village
- Masudanpur), Anchal and P.S.– Barahat, District – Banka, of
the petitioner acquired by respondent nos. 4 and 5 on the
strength of order dated 07.07.2025 passed by District Magistrate
cum Collector, Banka in compliance of order dated 24.04.2025
passed in C.W.J.C. No. 5935 of 2025.
5. Learned counsel for the petitioner submits that his
land has duly been acquired for which no compensation amount
was paid, then compelled by the callous approach of the
respondent nos. 4 and 5, the petitioner preferred a writ
application before this Hon’ble Court vide C.W.J.C. No. 5935 of
2025 which was disposed off under order dated 24.04.2025
directing the District Magistrate-cum-Collector, Banka to
consider the claim of the petitioner with respect to payment of
compensation in connection with the land detailed in the
preceding paragraph. In compliance thereof, the District
Magistrate-cum-Collector, Banka having heard all the parties
including the respondent nos. 4 and 5, the representative of
Indane Gas Pipeline Division, LPG Bottling Plant, Banka
directed for sending the entire record for deciding the claim of
Patna High Court CWJC No.8000 of 2026(2) dt.01-07-2026
3/5
compensation of the petitioner before the competent authority
which in the present case is representative of Indane Gas
Pipeline Division, LPG Bottling Plant, Banka. It has been noted
in the order of the District Magistrate-cum-Collector, Banka that
the representative appearing on behalf of I.O.C.L., Banka has
appeared and submitted that the competent authority to take
decision for payment of compensation with respect to
acquisition of petitioner’s land, is I.O.C.L., Barauni. Hence, the
entire matter was directed to be forwarded to I.O.C.L., Barauni
by DM, Banka vide order dated 07.07.2025 for taking
appropriate decision for payment of compensation amount of
the petitioner’s land acquired by I.O.C.L., Barauni.
6. Learned counsel representing the State and the
Union of India submits that the petitioner instead of
approaching the competent authority had erroneously
approached the District Administration, Banka which has no say
in the matter and as such, on erroneous presumption he had also
represented before the improper authority.
7. In this backdrop, it becomes manifest from the
record and the order dated 07.07.2025 of the District
Magistrate-cum-Collector, Banka that the competent authority
to make payment with respect to compensation for the
Patna High Court CWJC No.8000 of 2026(2) dt.01-07-2026
4/5
acquisition of land of petitioner is I.O.C.L., Barauni where the
petitioner had already preferred a representation on 18.10.2025
and the same is pending since then.
8. In this backdrop, the petitioner is given liberty to
file a fresh representation detailing all the grievances supporting
the same with necessary documents before the Administrative
head of I.O.C.L., Barauni within three weeks henceforth and on
the same being filed within three weeks, the administrative head
of I.O.C.L., Barauni is hereby directed to take all possible steps
in accordance with law to make payment of the compensation
amount to the petitioner for the land duly acquired by I.O.C.L.,
Barauni, the details of which are Khata No.-16, Plot No. 158,
area 25 Decimals situated at Mouza – Kharhara (Village –
Masudanpur), Anchal and P.S.- Barahat, District- Banka for
installing the gas pipeline on the petitioner’s land.
9. The I.O.C.L., Barauni will dispose off the claim
within a period of three weeks strictly in accordance with law
keeping in view the provisions as contained in Section-80 of
Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013 with
respect to payment of interest from the date of award till its
actual payment which is stated as follows:
Patna High Court CWJC No.8000 of 2026(2) dt.01-07-2026
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“80.When the amount of such
compensation is not paid or deposited
on or before taking possession of the
land, the Collector shall pay the
amount awarded with interest thereon
at the rate of nine per cent, per annum
from the time of so taking possession
until it shall have been so paid or
deposited:
Provided that if such
compensation or any part thereof is
not paid or deposited within a period
of one year from the date on which
possession is taken, interest at the rate
of fifteen per cent per annum shall be
payable from the date or expiry of the
said period of one year on the amount
of compensation or part thereof which
has not been paid or deposited before
the date of such expiry.”
10. Thus, this writ application is disposed of
accordingly with the aforesaid direction.
11. All pending interlocutory application(s), if any,
stand/s disposed off.
(Rana Vikram Singh, J)
Smriti/
Supratim-
U
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