Back
IN THE HIGH COURT OF JUDICATURE AT PATNA
ANIL KUMAR SINHA, J.
CWJC Nos. 4562 with 7579, 7641, 7650, 7726, 8427 and 8577 of 2022
(21.12.2023)
Lalita Devi & Anr. (in 4562)
Ranjeet Kumar & Ors. (in 7579)
Usha Devi & Ors. (in 7641)
Rajnish Kumar & Ors. (in 7650)
Meena Devi & Ors. (in 7726)
Raj Laxmi Bhushan & Ors. (in 8427)
Sunil Kumar Amar & Ors.
(in 8577) ... Petitioners
vs.
State of Bihar & Ors. .... Respondents
(in all)
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Section 11(1) – Bihar Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2014 – Rules 5, 6, 7, 8, 9 and 10 – Acquisition of land for construction of Patna Metro Rail Depot – Challenge to Social Impact Assessment Report – Acquisition of land has been done by State authorities for the purpose of construction of depot and property development area – Objective of PMRP is to cope up with increasing traffic demand in Patna, which will contribute to improvement of urban environment – During preparation of Social impact Assessment Report, there was substantial compliance of legal provisions, except some procedural lapses here and there – Suitability of land is domain of acquiring agency and agency, which is executing metro rail project – Respondent-State and its agency are the best Judge to decide suitability and feasibility of project – Non-consideration of proposal of petitioners regarding alternative sites by State Government does not vitiate acquisition, in question. (Paras 164, 205 to 208)
Metro Rail Policy, 2017 – Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Section 11(1) – Acquisition of land for construction of Patna Metro Rail Depot – Challenge to Social Impact Assessment Report – Potential benefits of this project outweighs social cost and adverse social impacts – This project is expected to bring multiple socio-economic benefits for residents of Patna and adjoining areas – Expert committee recommends proposed land acquisition for timely completion of the Project – Objections were invited and considered by Collector/District Land Acquisition Officer, under 2013 Act – It would not be in interest of public at large to interfere with acquisition of subject land – Writ applications, seeking quashing of acquisition notice, dismissed. (Paras 209, 217 and 218)
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Section 31 – Bihar Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2014 – Rules 5, 6, 7, 8, 9 and 10 – Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Compensation, Rehabilitation & Resettlement and Development Plan) Rules, 2015 – Constitution of India – Articles 226 and 300-A – Acquisition of land for construction of Patna Metro Rail Depot – Payment of just compensation – Whole scheme has progressed to a substantial level wherefrom it would be extremely difficult now to return back and quash entire acquisition proceeding – In judicial review, it is not open to Court to examine aspect of suitability of land as a court of appeal and substitute its opinion – In present case, PMRCL has found land in question, more suitable for construction of depot under the PMRP – Courts have to weigh overwhelming public interest vis-à-vis private interest while exercising power under Article 226 of Constitution of India – Since this project is a public project, certain procedural infirmities shall not render entire acquisition process as invalid – However, upon balancing public interest vis-à-vis interest of land/house owners, who have lost their entire land, including houses and some business establishments, interest of justice demands that just, fair and adequate compensation be paid to land/house owners, including their rehabilitation and resettlement – Price of land in Patna has skyrocketed and increased manifold, but M.V.R./circle rate of area has not been revised for many years – Compensation has been fixed on M.V.R./circle rate prevalent in year 2014 – Respondents directed to re-fix compensation amount, payable to petitioners, based upon revised M.V.R./circle rate. (Paras 221 to 226, 229 and 231)
Anil Kumar Sinha, J.—The petitioners, in this batch of writ applications, are land as well as the house owners, whose properties have been acquired for the construction of Patna Metro Rail Depot, having a total area of 75.96 acres of land, in two mauza, i.e. Pahari and Ranipur.
PRAYER OF THE WRIT PETITIONERS
2. The relevant prayers and facts are being taken from CWJC No. 4562 of 2022 for the sake of brevity.
3. The petitioners have approached this Court for quashing of the land acquisition notice (Annexure P/26), issued under Section 11 (1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (herein after referred to as the ‘2013 Act’) with regard to 15.95 acres of land, situated in mauza Pahari and 23.35 acres of land, situated in mauza Ranipur, having a total area of 75.96 acres.
4. Further prayer of the petitioners is for setting aside the Social Impact Assessment Report (Annexure P/16), prepared by the Development Management Institute, Patna.
5. The petitioners have also prayed for quashing of the formation of Technical Expert Committee, constituted under Section 7 of the 2013 Act (Annexure P/17) as well as quashing of the report of the Technical Expert Committee, dated 30.06.2021, as contained in Annexure P/18.
6. By way of I. A. No. 01 of 2022, the petitioners have prayed for quashing the order dated 02.02.2022 passed by the District Land Acquisition Officer, Patna, by which objections filed by the petitioners have been rejected (Annexure P/30), for quashing the paper publication, under Section 19 of the 2013 Act, as contained in Annexure P/31).
7. By way of I. A. No. 06 of 2023, the petitioners have prayed for quashing the award, dated 04.08.2023, prepared in L. A. Case No. 29/2021-2022, under Sections 23 and 30 of the 2013 Act, as contained in Annexure P/52.
DESCRIPTION OF THE LAND/HOUSE OF THE WRIT PETITIONERS
8. The details of the lands/houses belonging to the individual writ petitioners under acquisition are stated herein below:
(i) The land of petitioner no. 1, Lalita Devi, of CWJC No. 4562 of 2022, situated at mauza Pahari, Police Station Alamganj, bearing Touzi No. 228, Thana No. 14, Khata No. 309, Plot No. 1225, having an area of 02 kathas.
(ii) The land and house of petitioner no. 2, Ram Sajjan Kumar, of CWJC No. 4562 of 2022, situated at mauza Pahari, Police Station Alamganj, bearing Touzi No. 22/15870, Thana No. 14, Khata No. 454, Plot No. 1656, having an area of 10 dhurs (1.5625 decimals).
(iii) The land of petitioner No. 1, Ranjeet Kumar, of CWJC No. 7579 of 2022, situated at mauza Pahari, Police Station Alamganj, bearing Touzi No. 228, Thana No. 14, Khata No. 337, Plot No. 1649, having an area of 2400 sq. feet.
(iv) The land of petitioner No.2, Anita devi, of CWJC No. 7579 of 2022, situated at mauza Pahari, Police Station Alamganj, bearing Touzi No. 229/15870, Thana No. 14, Khata No. 454, Plot No. 1656, having an area of 1.3133 decimals.
(v) The land of petitioner No. 3, Kanti Devi, of CWJC No. 7579 of 2022, situated at mauza Pahari, Police Station Alamganj, bearing Touzi No. 229/15870, Thana No. 14, Khata No. 454, Plot No. 1656, having an area of 2.3437 decimals.
(vi) The land of petitioner No. 4, Archana Kumari, of CWJC No. 7579 of 2022, situated at mauza Pahari, Police Station Alamganj, bearing Touzi No. 227/1, Thana No. 14, Khata No. 126, Plot No. 1307, having an area of 1.3125 decimals.
(vii) The land of petitioner No. 5, Sangita Kumari, of CWJC No. 7579 of 2022, situated at mauza Pahari, Police Station Alamganj, bearing Touzi No. 227/1, Thana No. 14, Khata No. 126, Plot No. 1304, having an area of 3.125 decimals.
(viii) The land of petitioner No. 6, Urmila Devi, of CWJC No. 7579 of 2022, situated at mauza Pahari, Police Station Alamganj, bearing Khata No. 278, Plot No. 1671, having an area of 3.501 decimals.
(ix) The land of petitioner No. 7, Anupriya Roy, of CWJC No. 7579 of 2022, situated at mauza Pahari, Police Station Alamganj, bearing Khata No. 454, Pl
Compliance with statutory procedures, consideration of expert recommendations, and technical explanations is crucial in land acquisition proceedings.
Supreme Court has further struck a note of caution that though Courts are generally not entitled to go behind declaration of Government to effect that acquisition is for "public purpose", an exercise....
The principle of promissory estoppel binds authorities to uphold previous assurances, ensuring fairness in public decision-making, particularly in land acquisition matters.
The main legal point established in the judgment is that the acquisition proceedings would not lapse even if the award was passed after the prescribed period under Section 11A, and the relocation pol....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
