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ASHUTOSH KUMAR, PARTHA SARTHY
Ranjeet Kumar – Appellant
Versus
State of Bihar – Respondent
Ashutosh Kumar, ACJ.—There are three set of appeal which are being disposed of by this common judgment.
2. The land owners have challenged the acquisition of their lands in Mauja Pahari and Ranipur for construction of Patna Metro Rail Yard on account of non-compliance of provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter called “the Act of 2013”) which was rejected by the learned Single Judge. However, with respect to quantum of compensation to be paid to the land owners, it has been directed that the un-revised MVR/Circle Rates be revisited first taking into consideration all relevant factors including the opinion of the experts, whereupon only the compensation amount to the land owners be refixed and paid on the basis of revised MVR/Circle Rates.
3. On the issue of rehabilitation and resettlement, the State Government and the Collector, Patna have been directed to consider the recommendation of the Expert Committee.
4. This part of the judgment has been challenged by the State of Bihar and Patna Metro Rail Corporation (hereinafter referred to as “PMRC”)
5. The introductory facts are as follows:—
After t
Point of Law; Executive is expected to follow the 'Rule of law'. It cannot be gainsaid that in several cases, where fauity executive decisions are implemented lead to irreversible eventualities as in....
State legislation cannot provide lesser compensation than that guaranteed under parliamentary law, rendering it repugnant and unconstitutional.
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....
If there is failure to publish notification in two daily newspapers, notification and consequential proceedings for acquiring land would stand vitiated for non-compliance of essential conditions of S....
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