Sihasan Prasad vs The State of Bihar

Mr. Birendra Prasad Verma, J. (Oral)—Heard the parties.

The matter in issue is the acquisition of the lands belonging to the petitioners for construction of Bihta Sarmera State Highway No. 78 under the provisions of The Land Acquisition Act, 1894 (in short ''Act, 1894'').

The grievance of the petitioners is that though, Land Acquisition Case No. 5 of 2011-12 was initiated by the Additional District Land Acquisition Officer, Patna for acquisition of the lands belonging to the petitioners, besides others, and, but award has not been prepared till date under the provisions of the Act, 1894, yet the respondent authorities are not giving benefits of the provisions of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short ''Act, 2013'') for acquisition of the lands belonging to them.

The learned counsel appearing on behalf of the petitioners submits that in the factual matrices of the case, the State authorities be directed to pay compensation to the petitioners by applying the provisions of the Act, 2013.

In the present case, a counter-affidavit has been filed on behalf of the respondent nos. 4 and 5, wherein the facts regarding initiation of Land Acquisition Case No. 5 of 2011-12 and other connected land acquisition case for acquisition of the lands in question, besides other plots of lands, have not been disputed, but it has been averred that the matter is under consideration for fixing the amount of compensation by applying the provisions of the Act, 2013. In the aforesaid counter-affidavit, the copy of award, if prepared under Section 11 of the Act, 1894, has not been brought on the record. If the award has not been prepared under Section 11 of the Act, 1894, then under the mandate of Section 24(1)(a) of the Act, 2013, the Collector under the Act is obliged to apply the provisions of the Act, 2013 for determination of compensation payable to the land owners/interested persons.

In above view of the matter, the petitioners are directed to appear before the respondent no.5- the District Land Acquisition Officer, Patna, with a fresh comprehensive representation and all other relevant documents in support of their claims over the lands in question within a period of one month from today and, where after, the respondent District Land Acquisition Officer, Patna shall consider their claims expeditiously and shall determine the amount of compensation payable to the interested persons/land owners by taking into consideration the provisions of the Act, 2013, since admittedly, final award under Section 11 of the Act, 1894 has not been prepared till date.

The writ petition stands finally disposed of with the observations and directions made above.