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SATYAVRAT VERMA
Amarjeet Kumar – Appellant
Versus
State of Bihar – Respondent
Satyavrat Verma, J.—Heard learned counsel for the petitioner and learned SC- 25 for the State.
2. The Collector, Banka in compliance of the order dated 14.11.2024 is present in the Court.
3. The Collector, Banka, at the outset, submits that the land in dispute belongs to the petitioner but then he is not entitled for compensation for the reason that the land in dispute for a pretty long time even prior to 1986 was being used by the villagers as rural road.
4. The said submission of the Collector has been recorded at the outset as it would have bearing on adjudication of the instant writ application.
5. Learned counsel for the petitioner submits that land pertaining to Khata No. 36, Khesra No. 1955, area 80 decimal (in dispute 20 decimal), Thana No. 386, Mauza Bagdumba was purchased by the mother of the petitioner Late Shobha Ghose from Arvind Kumar Rai by a registered sale deed dated 20.02.1986.
6. It is further submitted that the respondent authorities constructed Bhagalpur-Dumka Road to Bagdumba under Chief Minister Rural Land Anurakshan Programme in which 20 decimal of the land in question was used without acquiring the same under Section 4(i) of the Land Acquisition Act, 1894 and wi
The State cannot utilize private property without lawful acquisition and compensation, as protected under Article 300A of the Constitution.
Land Acquisition Proceedings - Delay/laches/Limitation - It is true that no limitation has been prescribed for filing a petition under Article 226 of Constitution but one of several rules of self imp....
The acquisition proceedings under Award No.12/83 were held not to lapse in terms of Sec. 24(2) of the RFCTLARR Act and they will continue.
The main legal point established in the judgment is the entitlement of landowners to compensation or alternative land under the Land Acquisition Act, and the discriminatory conduct of the acquiring a....
The court affirmed that the right to property is a human right, requiring lawful acquisition and compensation when expropriated, underlining legal obligations of the State in welfare contexts.
Landowners have a constitutional right to compensation for land utilized for public projects, and claims cannot be dismissed based on implied consent or delay in seeking redress.
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