Gopal Prasad @ Gopal Prasad Chaurasiya v. The State of Bihar trough the Principal Secretary, Department of Revenue
Case at a glance
Outcome
Disposed of
In this background, this writ petition is disposed of
Provisions considered
Key paragraphs
- Para 77. In the light of the relief granted in the writ petition, Interlocutory Application No. 1 of 2023 stands disposed of. (Dr. Anshuman, J) Ashwini/- AFR/NAFR CAV DATE Uploading Date Transmission Date 14/09/2023 NA NA
Judgment
Divisional Rail Manager (D.R.M.), Katihar Rail Division, Katihar.
The Chief Engineer, Araria to Supaul, Majopr Rail Line Construction, North Frontier Railway, Katihar. ... ... Respondent/s
Patna High Court CWJC No.8444 of 2023 dt.12-09-2023 ====================================================== Appearance : For the Petitioner/s For the Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN Mr.Munish Om Prakash Singh, Advocate Mr.Rishi Raj Sinha (SC19) : : Date : 12-09-2023 ORAL JUDGMENT Heard learned counsel for the petitioners and the respondent.
Counsel for the petitioners submits that the petitioners’ land has been acquired for the construction of the rail line but without paying a single penny to them, however, the petitioners are ready to accept the said amount with objection. He further submits that the petitioners want to file an application to get the compensation amount enhanced as the said fixation is not in accordance with the law. He further submits that the District Land Acquisition Officer is rigid not to release the compensation amount with objection in favour of the petitioners.
Learned counsel for the State submits that under the law, the person whose land is subject to acquisition, is entitled to receive the amount with objection and is also entitled to raise the claim before the competent authority under the law for enhancement of compensation.
Operative part
In this background, this writ petition is disposed of directing the District Land Acquisition Officer concerned to Patna High Court CWJC No.8444 of 2023 dt.12-09-2023 release the calculated amount of compensation in favour of the petitioners, if they want to receive the said amount with objection within four weeks from the date of production of a copy of this order.
The petitioners would be at liberty to raise their claim for enhancing the compensation before the competent authority under the law. Since the matter is related to the acquisition of land for the construction of the rail line under Section 20F of the Railways Act, 1989, the petitioners are entitled to file an application before the Arbitrator for enhancement of their claim. Upon the filing of such application under Section 20F of the Railways Act, 1989, the competent authority shall decide the case of the petitioners within a reasonable period.
This writ petition is disposed of with the direction and liberty aforesaid.
In the light of the relief granted in the writ petition, Interlocutory Application No. 1 of 2023 stands disposed of. (Dr. Anshuman, J) Ashwini/- AFR/NAFR CAV DATE Uploading Date Transmission Date 14/09/2023 NA NA
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.