Girish Kedia vs State of Bihar - 2024 Supreme(Pat) 935

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Pat) 935

HARISH KUMAR
Girish Kedia – Appellant
Versus
State of Bihar – Respondent

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).

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 petit