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Patna High Court

Jagadambi ChaudhariversusThe Union of India

Decided
Disposal
DISPOSED

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
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          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
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          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
                                                        5/5




                                                      “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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