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IN THE HIGH COURT OF JUDICATURE AT PATNA
PURNENDU SINGH
Lali Lal Sharan @ Mithlesh Sharan Son of Ram Lakhan Das – Appellant
Versus
State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna – Respondent
| Table of Content |
|---|
| 1. petitioner claims compensation for acquired raiyati land (Para 1 , 2 , 3 , 4) |
| 2. administrative inaction delays rightful compensation (Para 5) |
| 3. administrative actions must be reasoned (Para 6 , 8) |
| 4. writ maintainable despite alternate remedy for inaction (Para 9 , 10) |
| 5. article 300a implies compensation obligation (Para 11 , 12 , 13) |
| 6. direct prompt payment of fair compensation (Para 14 , 15 , 16) |
JUDGMENT :
Heard learned counsel appearing on behalf of the petitioner and learned counsel for the State.
2. Petitioner has inter alia prayed for following reliefs in the paragraphs No.1 of the writ petition:-
“That the present writ application is being filed for appropriate writ/writs, order/orders, direction/directions to the respondent Authorities particularly the respondent no.3 District Land Acquisition Officer, Patna to pay adequate payment to the petitioner in view of the fact that land bearing plot no.29 appertaining to khata No.68 has been acquired for N.T.P.C. Project at Barh with the interest as same has been acquired much earlier but no compensation amount has been paid to the petitioner and/or for any other relief or reliefs to which the petitioner may be found
Writ under Article 226 maintainable to direct compensation for acquired land despite alternate remedies due to administrative inaction, enforcing Article 300A right to property with inferred compensa....
A writ jurisdiction may be exercised if a fundamental right is violated or if there is an allegation of excess jurisdiction, despite the availability of an alternative remedy.
State authorities must follow legal procedures for property acquisition, ensuring citizens' rights to legal remedies and compensation for unlawful dispossession, as stipulated under Article 300-A of ....
No award under Section 11 of 1894 Act for specific land post Section 6 declaration causes lapse under Section 11A; mandates fresh acquisition under 2013 Act; delay/laches inapplicable, protects Artic....
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