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ANSHUMAN
Bhagwan Singh – Appellant
Versus
State of Bihar – Respondent
Dr. Anshuman, J. – Heard learned counsel for the petitioners and learned counsel for the State.
2. Learned counsel for the petitioners submit that the land of the petitioners have been acquired under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, [Act No. 30 of 2013] (hereinafter referred to as ‘the Act of 2013).
3. Learned counsel for the petitioners submit that the process of acquisition of the land was made for the construction of Sub-Divisional Civil Court, Jagdishpur and the residential quarter for Judicial Officers at Jagdishpur in Bhojpur District in the year, 2021.
4. Learned counsel for the petitioners submit that the notification under Section 11(1) of the Act of 2013 has been made in the newspaper dated 03.06.2021. The notification under Section 18 of the Act of 2013 was made on 23.09.2021 and notification under Section 19(1) of the Act of 2013 has been made on 01.10.2021.
5. Learned counsel for the petitioners further submit that within 15 days from the initial notification on 03.06.2021, the petitioners have filed their objections on 09.06.2021 as per Section 15 of the Act of 2013.
6. Learned
The court affirmed that the SDOs had the authority to decide objections in land acquisition under the Act, and the process followed was in compliance with statutory requirements.
The right to a personal hearing in land acquisition proceedings is fundamental, and failure to provide adequate notice and opportunity to be heard violates statutory requirements.
Compliance with statutory requirements for land acquisition is critical, but national interest may override individual objections when procedures are followed. The court upheld the legality of the ac....
Personal hearing is a statutory requirement under Section 21(2) of the Act; failure to provide this violates natural justice and invalidates any acquisition award.
The Collector or the Officer empowered in this behalf can only hear the objections, make an enquiry, and forward his report with recommendations to the State Government, which is the appropriate Gove....
Proper compensation assessment procedures under Section 64 of the 2013 Act must be followed, allowing the authority to consider referral and potential delays for justifiable reasons.
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