Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10750 of 2012 ====================================================== Ramanand Prasad Son of Late Rewat Mahto Resident of Rewati Apartment, Plot No. 602, Kajipur Quarter, P.S. - Kadam Kuan, District - Patna Versus .... .... Petitioner 1. The State of Bihar through District Magistrate, Patna 2. District Magistrate-cum-Collector, Patna 3. District Land Acquisition Officer, Patna 4. Additional District Land Acquisition Officer, Patna 5. Deputy Collector, Land Reforms, Patna 6. Circle Officer, Patna Sadar, Patna 7. Secretary, Road Construction Department, Government of Bihar, Patna 8. Chief Engineer, Road Construction Department, Patna Division, Patna .... .... Respondents ====================================================== Appearance : For the Petitioner/s : Mr. Siddhartha Prasad, Advocate For the Respondent/s : Mr. Ajay Bihari Sinha SC 19 with Mr. Suryakant Kumar, AC to SC 19 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 9 20-09-2013 Heard learned counsel for the petitioner and learned Standing Counsel No.19 for the State. The petitioner has approached this Court for a direction on the respondents to release the land of the petitioner measuring 11.5 decimals bearing Khata No.736, Khesra No. 2813, Municipality Survey Ward No. 25, Thana No.19, Mauza Ranipur Chak, District Patna, which has been used for construction during widening of the Patna bye-pass road or in the alternative to pay compensation to the petitioner for the said land at the current market rate.
Legal Reasoning
Patna High Court CWJC No.10750 of 2012 (9) dt.20-09-2013 2 Shorn of unnecessary details the title of the petitioner over the said land is not in dispute. The petitioner claims that out of the said land, 2.5 decimals was acquired in the year 1951 for construction of the Patna bye-pass road in proof of which he has annexed the relevant extract of the register maintained by the District Land Acquisition Officer, Patna. Again in the year 1955- 56 another 5 decimals of the land was acquired from the said plot of land by the State under Land Acquisition Case No.70 of 1955-56 for construction of Patna bye-pass road in proof of which he has annexed the relevant extract of register maintained by the District Land Acquisition Officer, Patna. It is the stand of the petitioner that father of the petitioner was not paid compensation amount for the acquisition of the said 2.5 and 5 decimals of land respectively in the year 1951 and 1955-56 and at the time of his death he remained in physical possession of the land measuring 11.5 decimals out of 19 decimals purchased by the father in the year 1942. It is stated that the petitioner was not aware regarding the acquisition of the land. It is the stand of the petitioner that since the land was in low lying area it was given up to some of the labourers for cultivation of “singhara”. It is the further stand that in the year 1998-99 when the petitioner approached the revenue authorities for mutation of the entire 19 Patna High Court CWJC No.10750 of 2012 (9) dt.20-09-2013 3 decimals of land he learnt about the earlier acquisition of 7.5 decimals of land and further learnt that no compensation amount has been paid to the petitioner’s father or any of his legal heirs upon such acquisition. It is, however, submitted that although Mutation Case No.649/5/1998-99 was filed before the Circle Officer, Patna Sadar for mutation of the entire 19 decimals of land but ultimately 2 katha out of the said 6 katha 2 dhur (19 decimals) has been mutated in the name of the petitioner for which the petitioner has paid up-to-date rent. It is the further stand that the respondent Road Construction Department, Government of Bihar forcibly took possession of 11.5 decimals of the land of the petitioner for widening Patna bye-pass road in February, 2011 without any notice of acquisition proceedings and no heed was paid to the representation of the petitioner by the respondents. Thereafter the petitioner filed CWJC No.1810 of 2012 before this Court seeking payment of compensation for the land earlier acquired by the State in the year 1951 and 1955- 56 and the same was dismissed on 31.1.2012 on the ground of delay and laches. Thereafter the petitioner has come up to this Court for payment of compensation of the remaining 11.5 decimals of land which has been taken away without any acquisition proceeding. Patna High Court CWJC No.10750 of 2012 (9) dt.20-09-2013 4 In the counter affidavit filed on behalf of respondent Nos. 2 & 3, the District Magistrate-cum-Collector, Patna and District Land Acquisition Officer, Patna a vague stand was taken but subsequently on the direction of this Court by order dated 23.7.2013 a further supplementary counter affidavit has been filed in which it is stated that measurement of the Survey Plot No. 2813 was done by the District Authorities in the presence of the petitioner and his two private Amins although he did not put his signature on it and it is stated in the said supplementary counter affidavit that as per the said measurement report the total area of Plot No.2813, i.e., 0.19 acres is within the alignment of Patna bye-pass Road, i.e., N.H. 30 as shown in the map submitted by the Executive Engineer, N.H.East, Patna. With regard to acquisition of 11.5 decimals of land at any stage, it is stated that so far as payment of compensation of acquired land is concerned at this stage it is difficult to ascertain whether the petitioner has received payment of compensation for the total area acquired which is being used as Patna bye-pass road and since the lands were acquired long back and record relating to the same is very old it is not traceable/available in the District Record Room, Patna. In view of the aforesaid stand this Court granted Patna High Court CWJC No.10750 of 2012 (9) dt.20-09-2013 5 further time to the respondents to come up with clear case showing the process of acquisition of the remaining 11.5 decimals of land of the petitioner and payment of compensation for the same but nothing has been brought on the record by the respondents to show that there has been any such acquisition of remaining 11.5 decimals of land or payment of compensation to the petitioner. On the other hand, it is admitted that the entire plot of land bearing No. 2813, measuring 19 decimals is within the alignment of Patna bye-pass road, N.H. 30. On a consideration of the aforesaid facts and circumstances, this Court is of the view that the respondents cannot avoid payment of compensation to the petitioner after utilizing the land of the petitioner for extension of the National Highway 30. The petitioner having a clear case in this regard it is for the respondents who are custodians of the entire record to have come out with a clear case that the acquisition of the remaining 11.5 decimals of land has also been done during the years 1951 and 1955-56 when the rest of the land were acquired or at any subsequent stage. In the aforesaid circumstances, the respondents are directed to ensure that the petitioner is compensated with respect to 11.5 decimals of land which admittedly belongs to the Patna High Court CWJC No.10750 of 2012 (9) dt.20-09-2013 6 petitioner by virtue of a sale deed in favour of his father executed in the year 1942. It would be open to the respondents to re-examine the matter in the light of the records available with them and in case it is found that the acquisition had been made along with the other land of the petitioner either in the year 1951 or in the year 1955-56 or soon thereafter, in that event, the petitioner is not entitled to any compensation on the same ground of delay and laches for which earlier writ petition of the petitioner being CWJC No.1810 of 2012 had been dismissed by order dated 31.1.2012. In case no such records are available with the respondents then they must ensure that the entire process for acquisition of land and payment of compensation to the petitioner is completed within a period of three months from the date of receipt/production of a copy of this order. (Ramesh Kumar Datta, J) spal/-