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2024 Supreme(Pat) 935

IN THE HIGH COURT OF JUDICATURE AT PATNA
HARISH KUMAR, J.
CWJC Nos. 6863 with 6345, 7943, 8046, 8052, 8360, 8700, 10255, 11474, 11697 of 2018 and 15091 of 2017
(29.11.2024)
Girish Kedia (in 6863)
Mahesh Prasad Yadav & Ors. (in 15091)
Saroj Mishra & Ors. (in 6345)
Anil Kumar Agrawal (in 7943)
Abhishek Singhi Alias
Abhishek Kumar Singhi (in 8046)
Sunil Kumar Singhi (in 8052)
Rameshwar Mehta (in 8360)
Shailesh Kumar Jain (in 8700)
Tuliya Devi (in 10255)
Indradev Yadav (in 11474)
Kanchan Devi (in 11697)
vs.
State of Bihar & Ors. ... Respondents
(in all)

Advocates:
For the Petitioners: M/s Gautam Kumar Kejriwal, Atal Bihari Pandey, Alok Kumar Jha, Mukund Kumar, Akash Kumar, Aditya Raman (in all); Amar Nath Singh, Kamal Kishore Singh (in 15091); Sharda Nand Mishra (in 6345, 8360, 10255, 11474, 11697);
For the Respondents: M/s Rishi Raj Sinha, SC-19,(in 6863, 15091); Birendra Prasad Singh, AC to SC-19 (in 6863); Md. Khurshid Alam, AAG-12 (in 6345, 11697); Raj Kishore Roy, GP-18 (in 7943, 8052, 10255); Subhash Chandra Yadav, GP-15 (in 8046); Sajid Salim Khan, SC-25 (in 8360, 8700, 11474).

Headnote:

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Section 37 – Finality of the award – Re-opening of the proceeding of acquisition already finalized and amount of compensation and solatium already paid, Bank account of the petitioners also frozen with instructions to lead Bank to stop permitting operations until permission of the respondent Collector – Differential amount of compensation demanded – Lands of the petitioners were found to be agricultural whereas they have received compensation for the said land being residential in nature – Law is well settled that any amount paid/received without the authority of law can always be recovered barring exceptions of extreme hardships or prohibited under any Statutes/rules, but not as a matter of right – In such situation, law implies an obligation on the payee to repay the money, otherwise it would amount to unjust enrichment – In case, the land holders get less payment – Against the value of their acquired land, it would certainly transgress the statutory and constitutional right to property as mandated under Article 300-A of the Constitution, but once they receive excess payment to the value of their land, it would certainly amount to unjust enrichment – No error in the action of the respondents in determining the nature of the land and its rate, if the same was found to be unjust, all the more, the Government in entitled to review an administrative decision, if the same is unjust and contrary to law; that too, in the case in hand, when the process of acquisition is yet to be finalized by preparation and approval of award under Section 37 of the Act – There is no dispute that of the Collector comes to the conclusion that the lands, in question, are agricultural, but the compensation has been paid by treating it as residential, in such circumstances the aggrieved party was supposed to take recourse to the remedy available, as provided under Section 64 of the Act, 2013 by getting the matter referred to the said authority, only if there is an award and parties are aggrieved and not accepted the award – From the materials on record, it is apparent that before reassessment/determination of the land, in question, the land owners have been noticed and many of them filed their response, hence they were given ample opportunity prior to determination of land – In view of such facts, circumstance and position in law, these batch of writ petitioners have no merit – Award directed to be passed within three months with the liberty to the petitioners to assail the same, if any person interested has not accepted it – Respondent authorities given liberty to recover the diffential amount under PDR Act – Action of payment of differential amount by freezing the Bank accounts deprecated. (Paras 41, 46, 51 & 52)

Rai Sahib Ram Jawaya Kapur Vs. State of Punjab, AIR 1955 SC 549; J & K Public Service Commission Vs. Narinder Mohan (Dr), (1994) 2 SCC 630 – Relied.

Dhan Jee Pandey @ Gauri Shankar Pandey Vs. Union of India, 2023 (3) PLJR 773 – Distinguished.

Kalabharti Advertising Vs. Hemant Vimalnath Narichania, (2010) 9 SCC 437; Bankatlal Vs. Special Land Acquisition Officer, (2014) 15 SCC 116; N. Padmamma Vs. S. Ramakrishna Reddy, (2008) 15 SCC 517; State of Jharkhand Vs. Ambay Cements, (2005) 1 SCC 368; Union of India, Vs. Bikash Kuanar, (2006) 8 SCC 192 – Referred.

Harish Kumar, J.—Considering the identical grievance based upon similar facts, with the consent of all the parties; these batch of the writ petitions were heard simultaneously and being disposed of by this common order/judgment. The facts of CWJC No. 6863 of 2018 are being taken note of as a lead case.

2. The petitioners in all these batch of the writ petitions happened to be the owner of the lands, particulars of which have been duly mentioned in their respective writ petitions and were acquired for the purpose of constructing Indo-Nepal Border Road under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (For the brevity ‘the Act, 2013’).

3. The petitioners are aggrieved by the letter/notice issued under Memo No. 459 dated 28.07.2017, as also other identical letters, issued on different dates, as well as the entire proceeding initiated by the District Magistrate/Collector, Araria on the basis thereof the respondents have re-opened the proceeding of acquisition already finalized and the amount of compensation and solatium already paid to the petitioners and, as such, barred in terms of Section 37 of the Act, 2013. The petitioners are also aggrieved by the letter no. 452 dated 28.07.2017 and other similar letters issued by the District Land Acquisition Officer, Araria whereby the Bank account of the petitioners have been made frozen with instructions to the lead Bank to stop permitting operations until permission of the respondent Collector. The petitioners also sought quashing of the letter as contained in Memo no. 181 dated 17.03.2018, as also other identical letters, whereby the differential amount of compensation has been demanded from the petitioners. The petitioners further sought a declaration that once the whole mechanism and process of acquisition of land right since preliminary notice published under Section 11 of the Act till payment of compensation pursuant to finality of award under Section 37 of the Act has been completed, no provisions of the Act confers any jurisdiction and authority upon the respondent Collector or the respondent no.4 to reopen the award by disputing the parameters and the basis leading to such finality of land acquisition proceeding.

4. Before adjudicating the legality of the impugned action of the respondents leading to issuance of impugned orders, the facts, which are relevant in the matters, to be noted hereinbelow:

5. A total 456.01.200 acres of land from 64 villages falling under four Anchals viz Narpatganj, Forbesganj, Kurshakanta and Sikta were intended to be acquired by the State Government for constructing Indo-Nepal Border Road. The necessity and requirement expressed by the Road Construction Department for construction of aforenoted road, the land owned by the petitioners and other similar such land-owners were proposed to be acquired by way of notification No. 639 dated 11.05.2016 issued under Section 11(1) of the Act, 2013, published in the official gazette as well as in newspapers. On 12.05.2016, the respondents published another notification under Section 19(1) of the Act, 2013 regarding declaration and summary of rehabilitation and resettlement as prescribed in law for the land proposed to be acquired.

6. It is stated that in course of acquisition of the land of the petitioners, the respondent District Land Acquisition Officer, Araria called upon the petitioners to furnish the particulars of land, documents of title, details of interest in the said land, land possession certificate, rent payment receipts etc. The petitioners submitted the copies of the respective title deed/sale deed of the land, rent payment receipts and land possession certificate before the respondent District Land Acquisition Officer and also executed an affidavit as required by the said authority. Having completed all the paraphernalia, the respondent District Land Acquisition Officer took possession of the land of the petitioners, before the publicat

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