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2025 Supreme(Pat) 657

IN THE HIGH COURT OF JUDICATURE AT PATNA
P.B.Bajanthri, Alok Kumar Sinha
Nesh India Infrastructure Pvt. Ltd. Son of Late Chandrika Prasad – Appellant
Versus
State of Bihar through the Principal Secretary, Urban Development and Housing Department – Respondent


Advocates Appeared:
For the Appellant :Mr.Abhinav Shrivastava, Sr. Advocate Mr.Raushan, Mr.Pushkar Bhardwaj, Mr.Krishna Murari, Mr.Sahil Kumar
For the Respondent:Mr.D.Ksinha,Sr. Advocate, Mr.Ram Babu Sah

Judgment :

P. B. Bajanthri, ACJ.

1.Appellant has assailed the order of the learned Single Judge dated 28.08.2024 passed in CWJC No. 15444 of 2021. Appellant and Respondent No. 4 – Savita Sah & Respondent No. 5 - Sita Ram Singh have entered into certain agreement in respect of developing land.

2. Respondent Nos. 4 & 5 are the owners of the land and land promoter is appellant herein. There were certain disputed issues relating to earmarking certain flats in favour of Respondent Nos. 4 & 5. Initial agreement was for construction of five floors. Thereafter, number of floors was increased from five to seven. In this regard, Respondent Nos. 4 & 5 sought certain additional benefits on account of increase in the number of floors. That apart, there were certain belated completion of work for which Respondent Nos. 4 & 5 are entitled to compensation and other benefits. Arising out of these facts and circumstances, Respondent Nos. 4 & 5 have invoked the remedy before the Adjudicating Authority and Adjudicating Authority has passed an order of payment of compensation in their favour against the appellant herein.

3. Appellant feeling aggrieved by the order of the Adjudicating Authority preferred ap

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