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IN THE HIGH COURT OF JUDICATURE AT PATNA
BIBEK CHAUDHURI
Manif Mian, Son of Noor Mohammad Mian – Appellant
Versus
State of Bihar, through the Additional Chief Secretary, Department of Revenue and land Reform, Government of Bihar, Patna – Respondent
JUDGMENT :
BIBEK CHAUDHURI, J.
The petitioner has filed the instant writ petition for the following relief(s) :
I.) To issue a writ/Writs, Order/Orders, Direction/Directions to the respondent authorities to set aside the award (Annexure-2) prepared by the respondent no. 6, because the same is contrary to the Right to fair compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013( Act no. 30/2013)
II.) To issue a writ/Writs, Order/Orders, Direction/Directions to the respondent authorities to prepare fresh award as per the Right to fair compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013(Act no. 30/2013)
III.) To issue a writ/Writs, Order/Orders, Direction/Directions to the respondent authorities to consider the market value of the land as well as price fixed by the government for the land of locality.
IV.) To issue a writ in the nature of Mandamus commanding and directing the Respondent Authorities to pay 18% interest on the award from the date of acquisition till the actual payment.
V.) To issue other direction/ directions as this Hon'ble Court may deem fit and proper in the facts and circumstances of this case.
2. T
Proper compensation assessment procedures under Section 64 of the 2013 Act must be followed, allowing the authority to consider referral and potential delays for justifiable reasons.
The court affirmed that disputes regarding compensation inadequacy must be referred to the appropriate authority under the Act, underscoring the Collector's duty to comply with statutory timelines.
The existence of alternative remedies under the Right to Fair Compensation and Transparency in Land Acquisition Act precludes the exercise of extraordinary jurisdiction by the High Court.
The court ruled that once acquisition proceedings are initiated, petitions seeking mandamus for compensation assessment are rendered moot.
The authority must consider land classification objections in compensation determinations, irrespective of timing, ensuring compliance with statutory obligations.
Court emphasized the necessity for proper assessment under the Land Acquisition Act based on current market value.
Determination of amount of compensation – Reference to appropriate authority – Collector has no jurisdiction to go into such question.
Acquisition of land – Where no award under Section 11 of Act of 1894 has been made, then, all provisions of new Act of 2013 relating to determination of compensation would apply.
Section 64 of 2013, Act, reads as reference to Authority.
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