Shiv Shankar Yadav v. The District Magistrate, Gaya
Case at a glance
Outcome
Disposed of
petition is disposed of with a direction to the petitioner to file an
Provisions considered
Key paragraphs
- Para 55. In the facts and circumstances of the case, writ petition is disposed of with a direction to the petitioner to file an appropriate application before the respondent no.3 along with all the relevant documents in support of the claim, within a period of six…
Judgment
Mr Surendra Kr.Singh, Senior Advocate ====================================================== Appearance : For the Petitioner/s Mr.Onkar Kumar, Advocate Mr NB Singh, Advocate For the Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER Mr.Md. Khurshid Alam (Aag12) : 2 12-10-2023 Heard learned counsel for the petitioner and the State.
Writ petition has been filed for directing the respondent authorities to pay compensation along with solatium and interest against acquired lands of the petitioner mentioned in paragraph 1 of the writ petition.
Learned counsel for the petitioner submits that in view of provisions contained in ‘Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013’, matter is required to be heard by the respondent no.3) for proper assessment of the compensation amount.
Learned counsel for the State submits that the Patna High Court CWJC No.7898 of 2023(2) dt.12-10-2023 petitioner is entitled to get adequate compensation in accordance with the law. However, no documents have been filed with the writ petition in support of the submissions. He submits that the petitioner may be directed to file an appropriate application before the competent authority (respondent no.3) with all the documents in support of his right and title over the land in question.
Operative part
In the facts and circumstances of the case, writ petition is disposed of with a direction to the petitioner to file an appropriate application before the respondent no.3 along with all the relevant documents in support of the claim, within a period of six weeks from today.
In the event, such application is filed by the petitioner, respondent no. 3 shall examine the claim of the petitioner and pass a reasoned and speaking order in accordance with law after hearing the parties, preferably within a period of six months thereafter. Shashi U (Prabhat Kumar Singh, J)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.