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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9422 of 2022 ======================================================
Satyendra Rai, son of late Keshwar Rai, resident of Mohalla-Nepali Nagar, P.S. Rajiv Nagar, District- Patna.
... ... Petitioner Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. The Principle Secretary, Urban Development and Housing Department, Government of Bihar, Patna.
3. The Bihar State Housing Board, through its Managing Director, 6, Sardar Patel Marg, Patna.
4. The Managing Director, Bihar State Housing Board, 6, Sardar Patel Marg, Patna.
5. The Secretary Bihar State Housing Board
6. The District Magistrate, Patna.
7. The Superintendent of Police, Patna, Bihar.
8. The Circle Officer Patna Sadar, Patna, Bihar.
9. The South Bihar Power Distribution Company Limited through its Managing Director, Patna.
... ... Respondents ======================================================
with Civil Writ Jurisdiction Case No. 9424 of 2022 ======================================================
1. Gajendra Kumar Singh, son of late Bindhyachal Prasad Singh.
2. Sanjay Kumar Singh, son of Sri Devendra Kumar Singh.
3. Pankaj Kumar Singh @ Pankaj Singh, son of Sri Uma Shankar Singh.
4. Neeraj Kumar Singh, son of Late Girdhar Gopal Singh.
5. Prakash Mishra, son of Late Chandradeo Mishra.
6. Sudhanshu Kumar, son of Ram Niwas Sharma. 7. Suryakant Mishra, son of Late Suresh Mishra.
8. Sandeep Kumar Singh, son of Sri Manoranjan Kumar Singh.
9. Anjani Kumar, son of Late Bhola Singh.
10. Ram Pravesh Kumar, son of Late Ram Bachan Singh.
All resident of Mohalla - Mahavir Colony, Nepali Nagar, P.O.
Ashiana, P.S. Rajeev Nagar, Patna-25, District-Patna.
... ... Petitioners Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. The Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna.
3. The District Magistrate, Patna, District-Patna.
4. The Sub-Divisional Officer, Sadar Patna, District-Patna.
5. The Circle Officer, Sadar Patna, District-Patna.
6. The Bihar State Housing Board Patna through the Managing Director.
7. The Managing Director, The Bihar State Housing Board, Patna.
8. The South Bihar Power Distribution Company Limited through the Managing Director. ... ... Respondents ======================================================
with Civil Writ Jurisdiction Case No. 10384 of 2022 ======================================================
Indu Sinha @ Indira Sinha, wife of Nripendra Narayan Sinha, resident of mohalla- Nepali Nagar, P.S. Rajeev Nagar, City - Patna, District - Patna.
... ... Petitioner Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. The Principal Secretary Urban Development and Housing Department, Government of Bihar, Patna.
3. The Bihar State Housing Board, Through its Managing Director, 6 Sardar Patel Marg, Patna.
4. The Managing Director, Bihar State Housing Board, 6 Sardar Patel Marg, Patna.
5. The Secretary Bihar State Housing Board.
6. The District Magistrate, Patna.
7. The Senior Superintendent of Police, Patna, Bihar.
8. The Circle Officer, Patna Sadar, Patna, Bihar.
... ... Respondents ======================================================
with Civil Writ Jurisdiction Case No. 10441 of 2022 ======================================================
1. Meera Kumari, wife of Birendra Ram, Resident of Village - Mohammada bad, Police Station- Husaina Bad, District- Balamu, presently residing at Panchbati Colony, Nepali Nagar, Police Station- Rajivnagar, District- Patna.
2. Dablu Rajak, son of late Baleshwar Rajak Resident of Mohalla- Panchbati Colony, Nepali Nagar, Police Station- Rajivnagar, District- Patna.
3. Saroja Devi, wife of Onkar Chaudhary, Resident of Mohalla - Panchbati Colony, Nepali Nagar, Police Station- Rajivnagar, District- Patna.
4. Sanjay Kumar Son of Late Indradeo Sharma, Resident of Mohalla-
Panchbati Colony, Nepali Nagar, Police Station- Rajivnagar, District- Patna.
5. Vinesh Kumar Paswan, H/O- Late Usha Devi, Son of Late Sitaram Paswan Resident of Mohalla- Panchbati Colony, Nepali Nagar, Police Station-
Rajivnagar, District- Patna.
6. Nilam Devi, wife of Pramod Baiha, Resident of Mohalla- Panchbati Colony, Nepali Nagar, Police Station- Rajivnagar, District- Patna.
7. Kunti Devi Wife of Ram Lakhan Ram Resident of Mohalla- Panchbati Colony, Nepali Nagar, Police Station- Rajivnagar, District- Patna.
8. Shakun Devi Wife of Arun Sharma Resident of Mohalla- Panchbati Colony, Nepali Nagar, Police Station- Rajivnagar, District- Patna.
9. Uma Kumari Wife of Saroj Rajak Resident of Mohalla- Panchbati Colony, Nepali Nagar, Police Station- Rajivnagar, District- Patna.
10. Nagendra Prasad Son of Late Nand Lal Mistry Resident of Mohalla- Nepali Nagar, Police Station- Rajivnagar, District- Patna.
... ... Petitioners Versus
1. The State of Bihar Through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Urban Development and Housing Department, Govt. of Bihar, Patna.
3. The Bihar State Housing Board through its Managing Director, 6, Sardar Patel Marg, Patna.
4. The Managing Director, Bihar State Housing Board, 6, Sardar Patel Marg, Patna.
5. The Secretary, Bihar State Housing Board, Bihar, Patna.
6. The District Magistrate, Patna.
7. The Senior Superintendent of Police, Patna.
8. The Circle Officer, Patna Sadar, Patna.
... ... Respondents ======================================================
with Civil Writ Jurisdiction Case No. 10450 of 2022 ======================================================
Sanjay Kumar, son of Sri Mohan Prasad, Machhali Gali, No. 2, Raja Bazar, Rukunpura, B.V. College, Patna. At present resident of Mohalla-Nepali Nagar, Behind Ashiana Nagar Phase-2 Shaktipuram Lane Talab Par, P.S.- Rajiv Nagar, District- Patna.
... ... Petitioner Versus
1. The State of Bihar through the Chief Secretary Government of Bihar, Patna. 2. The Principle Secretary Urban Development and Housing Department, Government of Bihar, Patna.
3. The Bihar State Housing Board, through its Managing Director, Sardar Patel Marg, Patna.
4. The Managing Director, Bihar State Housing Board, Sardar Patel Marg, Patna.
5. The Secretary Bihar State Housing Board
6. The District Magistrate, Patna
7. The Superintendent of Police, Patna, Bihar
8. The Circle Officer Patna Sadar, Patna, Bihar ... ... Respondents ======================================================
with Civil Writ Jurisdiction Case No. 10611 of 2022 ======================================================
Bhaskar Rai, son of Sri Lallan Rai, resident of Hathwa House, South Gandhi Maidan, Patna P.S. Gandhi Maidan, Distt.- Patna. At present resident of Mohalla- Nepali Nagar, Shaktipuram Colony, Near Ashiyana Phase- II, P.S.-
Rajiv Nagar, District- Patna.
... ... Petitioner Versus
1. The State of Bihar through the Chief Secretary Government of Bihar, Patna. 2. The Principle Secretary Urban Development and Housing Department, Government of Bihar, Patna.
3. The Bihar State Housing Board, through its Managing Director, Sardar Patel Marg, Patna.
4. The Managing Director, Bihar State Housing Board, Sardar Patel Marg, Patna.
5. The Secretary Bihar State Housing Board.
6. The District Magistrate, Patna
7. The Superintendent of Police, Patna, Bihar
8. The Circle Officer Patna Sadar, Patna, Bihar ... ... Respondents ======================================================
with Civil Writ Jurisdiction Case No. 10743 of 2022 ======================================================
Nilam Singh @ Neelam Singh, wife of Sri Brij Kishore Singh, resident of Plot No. - 255A, Nepali Nagar, 90 feet Road, P.O.-Karpurisadan, P.S.-Rajiv Nagar, Patna-800025.
... ... Petitioner Versus
1. The State of Bihar through the Chief Secretory Government of Bihar, Patna. 2. The Principle Secretary, Urban Development and Housing Department, Government of Bihar, Patna.
3. The Bihar State Housing Board through its Managing Director, 6, Sardar Patel Marg, Patna.
4. The Managing Director, Bihar State Housing Board, 6, Sardar Patel Marg, Patna.
5. The Secretary, Bihar State Housing Board.
6. The District Magistrate, Patna.
7. The Superintendent of Police, Patna, Bihar.
8. The Circle Officer Patna Sadar, Patna, Bihar.
... ... Respondents ======================================================
with Civil Writ Jurisdiction Case No. 10912 of 2022 ======================================================
Bharat Kumar Mahto S/o Sakhi Chandra Mahto, 28, Jagat Vihar Colony, Ashiana Nagar, Patna 800025. At present resident of Mohalla-Chandra Vihar Colony, Ashiyana Nagar, P.s.-Rajiv Nagar, District-Patna-800025.
... ... Petitioner Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. The Principle Secretary, Urban Development and Housing Department, Government of Bihar, Patna.
3. The Bihar State Housing Board through its Managing Director, Sardar Patel Marg, Patna.
4. The Managing Director, Bihar State Housing Board, 6 Sardar Patel Marg, Patna.
5. The Secretary Bihar State Housing Board
6. The District Magistrate, Patna.
7. The Superintendent of Police, Patna, Bihar.
8. The Circle Officer Patna Sadar, Patna, Bihar.
... ... Respondents ======================================================
with Civil Writ Jurisdiction Case No. 10934 of 2022 ======================================================
Sujit Kumar, son of Sri Mahesh Sharma, resident of Mohalla - Nepali Nagar, Shaktipuram Colony Road, Talab Road, Behind Ashiyana Phase-II, P.S. -
Rajiv Nagar, District - Patna.
... ... Petitioner Versus
1. The State of Bihar through the Chief Secretary Government of Bihar, Patna. 2. The Principal Secretary Urban Development and Housing Department, Government of Bihar, Patna.
3. The Bihar State Housing Board, through its Managing Director, 6, Sardar Patel Marg, Patna.
4. The Managing Director, Bihar State Housing Board, Sardar Patel Marg, Patna.
5. The Secretary, Bihar State Housing Board.
6. The District Magistrate, Patna.
7. The Superintendent of Police, Patna, Bihar.
8. The Circle Officer Patna Sadar, Patna, Bihar.
... ... Respondents ======================================================
with Civil Writ Jurisdiction Case No. 10951 of 2022 ======================================================
Anjali Kumari wife of Sri Prince Kumar Singh Hathwa House, South Ghandi Maidan, Near Mourya Hotel, Gandhi Maidan, Patna At present resident of Mohalla - Nepali Nagar, Shaktipuram Colony Road Near Talab Par behind Ashiyana Nagar phase - 2 Patna - 800025, P.S. - Rajiv Nagar, District - Patna.
... ... Petitioner Versus
1. The State of Bihar through the Chief Secretary Government of Bihar, Patna. 2. The Principal Secretary Urban Development and Housing Department, Government of Bihar, Patna.
3. The Bihar State Housing Board, through its Managing Director, Sardar Patel Marg, Patna.
4. The Managing Director, Bihar State Housing Board, Sardar Patel Marg, Patna.
5. The Secretary Bihar State Housing Board
6. The District Magistrate, Patna.
7. The Superintendent of Police, Patna, Bihar.
8. The Circle Officer Patna, Sadar, Patna, Bihar.
... ... Respondents ======================================================
with Civil Writ Jurisdiction Case No. 10974 of 2022 ======================================================
Rani Devi, wife of Sushil Kumar Jayswal, permanent resident of Ward No. -13, Naya Bajar, Bihariganj, Madhepura, At present resident of Mohalla - Shaktipuram Road Nepali Nagar, Ashiyana, P.S. - Rajiv Nagar, District -
Patna - 800025. ... ... Petitioner Versus
1. The State of Bihar through the Chief Secretary Government of Bihar, Patna. 2. The Principal Secretary Urban Development and Housing Department, Government of Bihar, Patna.
3. The Bihar State Housing Board, through its Managing Director, Sardar Patel Marg, Patna.
4. The Managing Director, Bihar State Housing Board, 6, Sardar Patel Marg, Patna.
5. The Secretary Bihar State Housing Board.
6. The District Magistrate, Patna.
7. The Superintendent of Police, Patna, Bihar.
8. The Circle Officer Patna Sadar, Patna, Bihar.
... ... Respondents ======================================================
with Civil Writ Jurisdiction Case No. 11102 of 2022 ======================================================
Pushpa Devi Wife of Upendra Sharma, resident of Mohalla - Shaktipuram Colony, West Nepali Nagar, P.S. - Rajiv Nagar, District - Patna.
... ... Petitioner Versus
1. The State of Bihar through the Chief Secretary Government of Bihar, Patna. 2. The Principle Secretary Urban Development and Housing Department, Government of Bihar, Patna.
3. The Bihar State Housing Board, through its Managing Director, 6, Sardar Patel Marg, Patna.
4. The Managing Director, Bihar State Housing Board, 6, Sardar Patel Marg, Patna.
5. The Secretary Bihar State Housing Board
6. The District Magistrate, Patna.
7. The Superintendent of Police, Patna, Bihar.
8. The Circle Officer Patna Sadar, Patna, Bihar.
... ... Respondents ======================================================
with Civil Writ Jurisdiction Case No. 11110 of 2022 ======================================================
Ranjit Saw S/o Vinod Saw, resident of Mohalla - Nepali Nagar, Plot No. 2605, Shakti Puram Road, Ashiyana Nagar, P.S. - Rajiv Nagar, District- Patna - 800025.
... ... Petitioner Versus
1. The State of Bihar through the Chief Secretary Government of Bihar, Patna. 2. The Principle Secretary Urban Development and Housing Department, Government of Bihar, Patna.
3. The Bihar State Housing Board, through its Managing Director, Sardar Patel Marg, Patna.
4. The Managing Director, Bihar State Housing Board, 6 Sardar Patel Marg, Patna.
5. The Secretary Bihar State Housing Board
6. The District Magistrate, Patna.
7. The Superintendent of Police, Patna, Bihar.
8. The Circle Officer Patna Sadar, Patna, Bihar.
... ... Respondents ======================================================
with Civil Writ Jurisdiction Case No. 11125 of 2022 ======================================================
Jayanti Sinha, wife of Bhagwan Prasad Sharma, resident of Mohalla-
Shaktipuram Colony, West Nepali Nagar, P.S.- Rajiv Nagar, District- Patna.
... ... Petitioner Versus
1. The State of Bihar through the Chief Secretary Government of Bihar, Patna. 2. The Principle Secretary, Urban Development and Housing Department, Government of Bihar, Patna.
3. The Bihar State Housing Board, through its Managing Director, 6, Sardar Patel Marg, Patna.
4. The Managing Director, Bihar State Housing Board, 6, Sardar Patel Marg, Patna.
5. The Secretary Bihar State Housing Board
6. The District Magistrate, Patna.
7. The Superintendent of Police, Patna, Bihar.
8. The Circle Officer, Patna Sadar, Patna, Bihar.
... ... Respondents ======================================================
with Civil Writ Jurisdiction Case No. 11202 of 2022 ======================================================
Vijay Ray, Son of Manejar Ray Resident of village-Magadh Colony, Ghurdaur Road, Sector-8, North Nepali Nagar, Police Station- Rajiv Nagar, District- Patna. ... ... Petitioner Versus
1. The State of Bihar through the Principal Secretary, Department of Urban Development and Housing, Government of Bihar, Patna.
2. The Principal Secretary, Department of Urban Development and Housing, Government of Bihar, Patna.
3. The District Magistrate-cum-Collector, Patna.
4. The Managing Director, Bihar State Housing Board, Patna.
5. The Circle Officer, Sadar Anchal, Patna.
... ... Respondents ======================================================
with Civil Writ Jurisdiction Case No. 11267 of 2022 ======================================================
1. Smt. Sushila Devi Wife of Sri Dudheshwar Roy.
2. Deepak Kumar Son of Dudheshwar Roy.
Both Resident of Mohalla- Netajee Subhash Chandra Marg, North Nepali Nagar, Police Station- Rajiv Nagar, District- Patna.
... ... Petitioners Versus
1. The State of Bihar through the Principal Secretary, Department of Urban Development and Housing, Government of Bihar, Patna.
2. The Principal Secretary, Department of Urban Development and Housing, Government of Bihar, Patna.
3. The District Magistrate-cum-Collector, Patna.
4. The Managing Director, Bihar State Housing Board, Patna.
5. The Circle Officer, Sadar Anchal, Patna.
... ... Respondents ======================================================
with Civil Writ Jurisdiction Case No. 11368 of 2022 ======================================================
Chan Tara Jha, Wife of Pradeep Kumar Jha, Resident of Mohalla - Bajrang Vihar Colony, North Nepali Nagar, Police Station - Rajiv Nagar, District-
Patna.
... ... Petitioner Versus
1. The State of Bihar through the Principal Secretary, Department of Urban Development and Housing, Government of Bihar, Patna.
2. The Principal Secretary, Department of Urban Development and Housing, Government of Bihar, Patna.
3. The District Magistrate-cum-Collector, Patna.
4. The Managing Director, Bihar State Housing Board, Patna.
5. The Circle Officer, Sadar Anchal, Patna.
... ... Respondents ======================================================
with Civil Writ Jurisdiction Case No. 11408 of 2022 ======================================================
Abhishek Kumar Son of Sri Shivjee Singh H. No. 6, Road No. 2, Near Railway Crossing, Indrapuri, Patna- 800024, At present resident of Mohalla- Nepali Nagar, Behind Ashiyana Nagar Phase 2 Shaktipuram Lane Talab Per Nepali Nagar Patna, P.S.- Rajiv Nagar, District- Patna.
... ... Petitioner Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. The Principal Secretary Urban Development and Housing Department, Government of Bihar, Patna.
3. The Bihar State Housing Board, through its Managing Director, 6, Sardar Patel Marg, Patna.
4. The Managing Director, Bihar State Housing Board, Sardar Patel Marg, Patna.
5. The Secretary, Bihar State Housing Board.
6. The District Magistrate, Patna.
7. The Superintendent of Police, Patna, Bihar.
8. The Circle Officer Patna Sadar, Patna, Bihar.
... ... Respondents ======================================================
with Civil Writ Jurisdiction Case No. 11468 of 2022 ======================================================
Birendra Kumar, Son of Ram Prasad Singh, Resident of Village - Digha-West Ghurdaur Road, Police Station-Digha, District-Patna.
... ... Petitioner Versus
1. The State of Bihar through the Principal Secretary, Department of Urban Development and Housing, Government of Bihar, Patna.
2. The Principal Secretary, Department of Urban Development and Housing, Government of Bihar, Patna.
3. The District Magistrate-cum-Collector, Patna.
4. The Managing Director, Bihar State Housing Board, Patna.
5. The Circle Officer, Sadar Anchal, Patna.
... ... Respondents ======================================================
with Civil Writ Jurisdiction Case No. 11942 of 2022 ======================================================
1. Krishna Kumar Son of Late Ram Nagina Ram Resident of Mohalla- Nepali Nagar, 90 Feet Road, Digha Ashiyana Road, Police Station- Rajiv Nagar, Post Office- Ashiyana Nagar, District- Patna.
2. Smt. Sunaina Devi W/o Krishna Kumar Resident of Mohalla- Nepali Nagar, 90 Feet Road, Digha Ashiyana Road, Police Station- Rajiv Nagar, Post Office- Ashiyana Nagar, District- Patna.
... ... Petitioners Versus
1. The State of Bihar through the Additional Chief Secretary, Department of Urban Development of Housing, Government of Bihar, Patna.
2. The District Magistrate, Patna.
3. The Circle Officer, Patna.
4. The Bihar State Housing Board through its Managing Director, 6 Sardar Patel Marg, Patna.
5. The Managing Director, Bihar State Housing Board, 6 Sardar Patel Marg, Patna.
6. The Secretary, Bihar State Housing Board, Patna.
... ... Respondents ======================================================
with Civil Writ Jurisdiction Case No. 12127 of 2022 ======================================================
Mukesh Kumar Mishra S/o Indresh Mishra Resident of Mohalla-Nepali Nagar, Plot No. 2422, Shaktipuram Colony Road, Behind Ashiyana Phase- II, P.S.- Rajiv Nagar, District- Patna.
... ... Petitioner Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. The Principal Secretary Urban Development and Housing Department, Government of Bihar, Patna.
3. The Bihar State Housing Board, through its Managing Director, 6, Sardar Patel Marg, Patna.
4. The Managing Director, Bihar State Housing Board, Sardar Patel Marg, Patna.
5. The Secretary Bihar State Housing Board.
6. The District Magistrate, Patna.
7. The Superintendent of Police, Patna, Bihar.
8. The Circle Officer Patna Sadar, Patna, Bihar.
... ... Respondents ======================================================
with Civil Writ Jurisdiction Case No. 12202 of 2022 ======================================================
Rajmuni Devi, Wife of Krishna Ram, Resident of Mohalla - Nepali Nagar, 90 Feet Road, Digha Ashiyana Road, Police Station - Rajiv Nagar, Post Office -
Ashiyana Nagar, District - Patna.
... ... Petitioners Versus
1. The State of Bihar through the Additional Chief Secretary, Department of Urban Development of Housing, Government of Bihar, Patna.
2. The District Magistrate, Patna.
3. The Circle Officer, Patna.
4. The Bihar State Housing Board through its Managing Director, 6 Sardar Patel Marg, Patna.
5. The Managing Director, Bihar State Housing Board, 6 Sardar Patel Marg, Patna.
6. The Secretary, Bihar State Housing Board, Patna.
... ... Respondents ======================================================
with Civil Writ Jurisdiction Case No. 12227 of 2022 ======================================================
Jay Prakash Nagar Sahkari Grih Nirman Samiti Ltd. through its secretary Arun Kumar Male aged about 67 years son of late Ram Lakhan Sharma situated at Sai Kripa Mohalla and P.S. Shri Krishnapuri, Patna - 800001.
... ... Petitioner Versus
1. The State of Bihar through Principal Secretary, Department of Urban Development and Housing, Vikash Bhawan, 3rd Floor, Jawaharlal Nehru Marg, Patna - 800015.
2. The Managing Director, Bihar State Housing Board, 6, Sardar Patel Marg, Patna - 800015.
3. The District Magistrate, Patna- 800001.
... ... Respondents ======================================================
with Civil Writ Jurisdiction Case No. 12575 of 2022 ======================================================
Anuket Tiwari Son of Shri Ashok Tiwari, resident of Village Bariswan, P.S.
Shahpur, Bhojpur- 802165.
... ... Petitioner Versus
1. The State of Bihar through Principal Secretary, Department of Urban Development and Housing Vikash Bhawan, 3rd Floor, Jawaharlal Nehru Marg, Patna - 800015.
2. The Managing Director, Bihar State Housing Board, 6, Sardar Patel Marg, Patna - 800015.
3. The District Magistrate, Patna - 800001.
4. The Senior Superintendent of Police, Patna - 800001.
5. The Deputy Superintendent of Police, Law and Order, Kotwali Police Station Campus, Patna - 800001.
6. The Inspector of Police, Dumra Circel, Sheikhpura, Patna - 800014.
7. The Station House Officer, Rajeev Nagar Police Station, Patna - 800025.
8. Shri Shyam Narayan Singh father's name not known, Sub-Inspector of Police, Rajeev Nagar Police Station, Patna - 800025.
9. The Executive Engineer, Bihar State Housing Board, Division-3, Bhootnath Road, Patna - 800026.
... ... Respondents ======================================================
with Civil Writ Jurisdiction Case No. 12579 of 2022 ======================================================
Meena Devi W/o Sri Yogendra Saw R/o Village- Arap, P.S.- Bikram, District- Patna. At present resident of Mohalla- Nepali Nagar, Shaktipuram Colony Road, Behind Ashiyana Phase- II, P.S.- Rajiv Nagar, District- Patna.
... ... Petitioner Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. The Principal Secretary Urban Development and Housing Department, Government of Bihar, Patna.
3. The Bihar State Housing Board, through its Managing Director, Sardar Patel Marg, Patna.
4. The Managing Director, Bihar State Housing Board, Sardar Patel Marg, Patna.
5. The Secretary, Bihar State Housing Board.
6. The District Magistrate, Patna.
7. The Superintendent of Police, Patna, Bihar.
8. The Circle Officer, Patna Sadar, Patna, Bihar.
... ... Respondents ======================================================
with Civil Writ Jurisdiction Case No. 13137 of 2022 ======================================================
Prabhawati Devi W/o Shri Triloki Singh, Resident of Mohalla- Nepali Nagar, Plot No. 2606, Ashiyana Nagar P.S. -Rajiv Nagar, District- Patna - 800025.
... ... Petitioner Versus
1. The State of Bihar through the Chief Secretary Government of Bihar, Patna. 2. The Principal Secretary Urban Development and Housing Department, Government of Bihar, Patna.
3. The Bihar State Housing Board, through its Managing Director, Sardar Patel Marg, Patna.
4. The Managing Director, Bihar State Housing Board, Sardar Patel Marg, Patna.
5. The Secretary Bihar State Bihar State Housing Board.
6. The District Magistrate, Patna.
7. The Superintendent of Police, Patna, Bihar.
8. The Circle Officer Patna Sadar, Patna, Bihar.
... ... Respondents ======================================================
with Civil Writ Jurisdiction Case No. 13296 of 2022 ======================================================
Ramita Singh @ Ramita Kumari W/o Shri Anil Singh @ Anil Kumar Singh, then resided at Road No. 21 Digha Bagicha, Rajiv Nagar, Dinapur-cum- Khagaul, Patna, presently residing at Mohalla- Shaktipuram Extension, Nepali Nagar, Behind Ashiana Nagar, P.S.- Rajiv Nagar, District- Patna-
800025.
... ... Petitioner Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. The Principle Secretary, Urban Development and Housing Department, Government of Bihar, Patna.
3. The Bihar State Housing Board, through its Managing Director, Sardar Patel Marg, Patna.
4. The Managing Director, Bihar State Housing Board, Sardar Patel Marg, Patna.
5. The Secretary, Bihar State Housing Board
6. The District Magistrate, Patna.
7. The Superintendent of Police, Patna, Bihar.
8. The Circle Officer Patna Sadar, Patna, Bihar.
... ... Respondents ======================================================
with Civil Writ Jurisdiction Case No. 13740 of 2022 ======================================================
Ram Balak Singh S/o Shri Eak Ram Singh resident of 1A Block-A, Ambey Shri Apartment, Near Ascent Public School, Rukanpura, Patna- 800014, presently residing at Mohalla- Nepali Nagar, P.S.- Rajiv Nagar, District-
Patna- 800025. ... ... Petitioner Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. The Principal Secretary Urban Development and Housing Department, Government of Bihar, Patna.
3. The Bihar State Housing Board, through its Managing Director, Sardar Patel Marg, Patna.
4. The Managing Director, Bihar State Housing Board, 6, Sardar Patel Marg, Patna.
5. The Secretary Bihar State Housing Board.
6. The District Magistrate, Patna.
7. The Superintendent of Police, Patna, Bihar.
8. The Circle Officer, Patna Sadar, Patna, Bihar.
... ... Respondents ======================================================
with Civil Writ Jurisdiction Case No. 13825 of 2022 ======================================================
Manish Kumar, son of Anil Kumar Mishra resident of Mohalla- Nepali Nagar, P.S.- Rajiv Nagar, District- Patna. Presently resides at W/o Manish Kumar, 886/A-49, First Floor, Flat No. 3, Aditya Apartment, Ward No. 8, Mehrauli, South Delhi.
... ... Petitioner Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. The Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna.
3. The Bihar State Housing Board, through its Managing Director, Sardar Patel Marg, Patna.
4. The Managing Director, Bihar State Housing Board, Sardar Patel Marg, Patna.
5. The Secretary Bihar State Housing Board.
6. The District Magistrate, Patna.
7. The Superintendent of Police, Patna, Bihar.
8. The Circle Officer Patna Sadar, Patna, Bihar.
... ... Respondents ======================================================
with Civil Writ Jurisdiction Case No. 14994 of 2022 ======================================================
Nilam Devi Wife of Pramod Baitha, Resident of Mohalla-Panchbati Colony, Nepali Nagar, Police Station-Rajivnagar, District-Patna.
... ... Petitioner Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Principal Secretary, Urban Development and Housing Department, Govt. of Bihar, Patna.
3. The Bihar State Housing Board through its Managing Director, 6, Sardar Patel Marg, Patna.
4. The Managing Director, Bihar State Housing Board, 6, Sardar Patel Marg, Patna.
5. The Secretary, Bihar State Housing Board, Bihar, Patna.
6. The District Magistrate, Patna.
7. The Senior Superintendent of Police, Patna.
8. The Circle Officer, Patna Sadar, Patna.
... ... Respondents ======================================================
with Civil Writ Jurisdiction Case No. 15032 of 2022 ======================================================
Sanjay Kumar Son of Late Indradeo Sharma Resident of Mohalla- Panchbati Colony, Nepali Nagar, Police Station- Rajivnagar, District- Patna.
... ... Petitioner Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Principal Secretary, Urban Development and Housing Department, Govt. of Bihar, Patna.
3. The Bihar State Housing Board through its Managing Director, 6, Sardar Patel Marg, Patna.
4. The Managing Director, Bihar State Housing Board, 6, Sardar Patel Marg, Patna.
5. The Secretary, Bihar State Housing Board, Patna.
6. The District Magistrate, Patna.
7. The Senior Superintendent of Police, Patna.
8. The Circle Officer, Patna Sadar, Patna.
... ... Respondents ======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 9422 of 2022)
For the Petitioner : Mr. Basant Choudhary, Senior Advocate Mr. Shekhar Singh, Advocate For the State : Mr. Lalit Kishore, Advocate General Mr. Abbas Haider (SC-6)
Mr. Rajeev Kumar Singh, A.C. to S.C.-6 For the Housing Board : Mr. P.K. Shahi, Senior Advocate Mr. Pawan Kumar, Advocate For S.B.P.D.C.L. : Mr. Kumar Manish, Advocate Mr. Santosh Kumar, Amicus Curiae Mr. Viswas Vijeta, Amicus Curiae (In Civil Writ Jurisdiction Case No. 9424 of 2022)
For the Petitioner/s : Mr. Awnish Kumar, Advocate For the State : Mr. Lalit Kishore, Advocate General Mr. Kinkar Kumar (SC- 9)
For the Housing Board : Mr. P.K. Shahi, Senior Advocate Mr. Pawan Kumar, Advocate For S.B.P.D.C.L. : Mr. Kumar Manish, Advocate Mr. Santosh Kumar, Amicus Curiae Mr. Viswas Vijeta, Amicus Curiae (In Civil Writ Jurisdiction Case No. 10384 of 2022)
For the Petitioner : Mr. Koshalendra Rai, Advocate For the State : Mr. Mr. Lalit Kishore, Advocate General Mr. Yogendra Pd. Sinha (AAG-7)
For the Housing Board : Mr. P.K. Shahi, Senior Advocate Mr. Pawan Kumar, Advocate For S.B.P.D.C.L. : Mr. Kumar Manish, Advocate Mr. Santosh Kumar, Amicus Curiae Mr. Viswas Vijeta, Amicus Curiae (In Civil Writ Jurisdiction Case No. 10441 of 2022)
For the Petitioner/s : Mr. Ram Binod Singh. Advocate For the State : Mr. Lalit Kishore, Advocate General Mr. Kinkar Kumar (SC- 9)
For the Housing Board : Mr. P.K. Shahi, Senior Advocate Mr. Pawan Kumar, Advocate For S.B.P.D.C.L. : Mr. Kumar Manish, Advocate Mr. Santosh Kumar, Amicus Curiae Mr. Viswas Vijeta, Amicus Curiae (In Civil Writ Jurisdiction Case No. 10450 of 2022)
For the Petitioner/s : Mr. Sumit Kumar, Advocate For the State : Mr. Lalit Kishore, Advocate General Mr. Kinkar Kumar (SC- 9)
For the Housing Board : Mr. P.K. Shahi, Senior Advocate Mr. Pawan Kumar, Advocate For S.B.P.D.C.L. : Mr. Kumar Manish, Advocate Mr. Santosh Kumar, Amicus Curiae Mr. Viswas Vijeta, Amicus Curiae (In Civil Writ Jurisdiction Case No. 10611 of 2022)
For the Petitioner/s : Mr. Sumit Kumar, Advocate For the State : Mr. Lalit Kishore, Advocate General Mr. Abbas Haider (SC- 6)
Mr. Rajeev Kumar Singh, A.C. to S.C.-6 For the Housing Board : Mr. P.K. Shahi, Senior Advocate Mr. Pawan Kumar, Advocate For S.B.P.D.C.L. : Mr. Kumar Manish, Advocate Mr. Santosh Kumar, Amicus Curiae Mr. Viswas Vijeta, Amicus Curiae (In Civil Writ Jurisdiction Case No. 10743 of 2022)
For the Petitioner/s : Mr. Sumit Kumar, Advocate For the State : Mr. Mr. Lalit Kishore, Advocate General Mr. Yogendra Pd. Sinha (AAG-7)
For the Housing Board : Mr. P.K. Shahi, Senior Advocate Mr. Pawan Kumar, Advocate For S.B.P.D.C.L. : Mr. Kumar Manish, Advocate Mr. Santosh Kumar, Amicus Curiae Mr. Viswas Vijeta, Amicus Curiae (In Civil Writ Jurisdiction Case No. 10912 of 2022)
For the Petitioner/s : Mr. Sumit Kumar, Advocate For the State : Mr. Mr. Lalit Kishore, Advocate General Mr. Yogendra Pd. Sinha (AAG-7)
For the Housing Board : Mr. P.K. Shahi, Senior Advocate Mr. Pawan Kumar, Advocate For S.B.P.D.C.L. : Mr. Kumar Manish, Advocate Mr. Santosh Kumar, Amicus Curiae Mr. Viswas Vijeta, Amicus Curiae (In Civil Writ Jurisdiction Case No. 10934 of 2022)
For the Petitioner/s : Mr. Sumit Kumar, Advocate For the State : Mr. Mr. Lalit Kishore, Advocate General Mr. Yogendra Pd. Sinha (AAG-7)
For the Housing Board : Mr. P.K. Shahi, Senior Advocate Mr. Pawan Kumar, Advocate For S.B.P.D.C.L. : Mr. Kumar Manish, Advocate Mr. Santosh Kumar, Amicus Curiae Mr. Viswas Vijeta, Amicus Curiae (In Civil Writ Jurisdiction Case No. 10951 of 2022)
For the Petitioner/s : Mr. Sumit Kumar, Advocate For the State : Mr. Lalit Kishore, Advocate General Mr. Kinkar Kumar (SC- 9)
For the Housing Board : Mr. P.K. Shahi, Senior Advocate Mr. Pawan Kumar, Advocate For S.B.P.D.C.L. : Mr. Kumar Manish, Advocate Mr. Santosh Kumar, Amicus Curiae Mr. Viswas Vijeta, Amicus Curiae (In Civil Writ Jurisdiction Case No. 10974 of 2022)
For the Petitioner/s : Mr. Sumit Kumar, Advocate For the State : Mr. Lalit Kishore, Advocate General Mr. Abbas Haider (SC- 6)
Mr. Rajeev Kumar Singh, A.C. to S.C.-6 For the Housing Board : Mr. P.K. Shahi, Senior Advocate Mr. Pawan Kumar, Advocate For S.B.P.D.C.L. : Mr. Kumar Manish, Advocate Mr. Santosh Kumar, Amicus Curiae Mr. Viswas Vijeta, Amicus Curiae (In Civil Writ Jurisdiction Case No. 11102 of 2022)
For the Petitioner/s : Mr. Vikash Kumar, Advocate For the State : Mr. Lalit Kishore, Advocate General Mr. Kinkar Kumar (SC- 9)
For the Housing Board : Mr. P.K. Shahi, Senior Advocate Mr. Pawan Kumar, Advocate For S.B.P.D.C.L. : Mr. Kumar Manish, Advocate Mr. Santosh Kumar, Amicus Curiae Mr. Viswas Vijeta, Amicus Curiae (In Civil Writ Jurisdiction Case No. 11110 of 2022)
For the Petitioner/s : Mr. Sumit Kumar, Advocate For the State : Mr. Lalit Kishore, Advocate General Mr. Subhash Pd. Singh (GA-3)
For the Housing Board : Mr. P.K. Shahi, Senior Advocate Mr. Pawan Kumar, Advocate For S.B.P.D.C.L. : Mr. Kumar Manish, Advocate Mr. Santosh Kumar, Amicus Curiae Mr. Viswas Vijeta, Amicus Curiae (In Civil Writ Jurisdiction Case No. 11125 of 2022)
For the Petitioner/s : Mr. Vikash Kumar, Advocate For the State : Mr. Mr. Lalit Kishore, Advocate General Mr. Yogendra Pd. Sinha (AAG-7)
For the Housing Board : Mr. P.K. Shahi, Senior Advocate Mr. Pawan Kumar, Advocate For S.B.P.D.C.L. : Mr. Kumar Manish, Advocate Mr. Santosh Kumar, Amicus Curiae Mr. Viswas Vijeta, Amicus Curiae (In Civil Writ Jurisdiction Case No. 11202 of 2022)
For the Petitioner/s : Mr. Bipin Kumar, Advocate For the State : Mr. Mr. Lalit Kishore, Advocate General Mr. Subhash Pd. Singh (GA-3)
For the Housing Board : Mr. P.K. Shahi, Senior Advocate Mr. Pawan Kumar, Advocate For S.B.P.D.C.L. : Mr. Kumar Manish, Advocate Mr. Santosh Kumar, Amicus Curiae Mr. Viswas Vijeta, Amicus Curiae (In Civil Writ Jurisdiction Case No. 11267 of 2022)
For the Petitioner/s : Mr. Bipin Kumar, Advocate For the State : Mr. Lalit Kishore, Advocate General Mr. Yogendra Pd. Sinha (AAG-7)
For the Housing Board : Mr. P.K. Shahi, Senior Advocate Mr. Pawan Kumar, Advocate For S.B.P.D.C.L. : Mr. Kumar Manish, Advocate Mr. Santosh Kumar, Amicus Curiae Mr. Viswas Vijeta, Amicus Curiae (In Civil Writ Jurisdiction Case No. 11368 of 2022)
For the Petitioner/s : Mr. Bipin Kumar, Advocate For the State : Mr. Lalit Kishore, Advocate General Mr. Abbas Haider (SC-6)
For the Housing Board : Mr. P.K. Shahi, Senior Advocate Mr. Pawan Kumar, Advocate For S.B.P.D.C.L. : Mr. Kumar Manish, Advocate Mr. Santosh Kumar, Amicus Curiae Mr. Viswas Vijeta, Amicus Curiae (In Civil Writ Jurisdiction Case No. 11408 of 2022) For the Petitioner/s : Mr. Sumit Kumar For the State : Mr. Lalit Kishore, Advocate General Mr. Subhash Prasad Singh (GA- 3)
For the Housing Board : Mr. P.K. Shahi, Senior Advocate Mr. Pawan Kumar, Advocate For S.B.P.D.C.L. : Mr. Kumar Manish, Advocate Mr. Santosh Kumar, Amicus Curiae Mr. Viswas Vijeta, Amicus Curiae (In Civil Writ Jurisdiction Case No. 11468 of 2022)
For the Petitioner/s : Mr. Bipin Kumar, Advocate For the State : Mr. Lalit Kishore, Advocate General Mr. Kinkar Kumar (SC-9)
For the Housing Board : Mr. P.K. Shahi, Senior Advocate Mr. Pawan Kumar, Advocate For S.B.P.D.C.L. : Mr. Kumar Manish, Advocate Mr. Santosh Kumar, Amicus Curiae Mr. Viswas Vijeta, Amicus Curiae (In Civil Writ Jurisdiction Case No. 11942 of 2022)
For the Petitioner/s : Mr. Dhanendra Chaubey, Advocate For the State : Mr. Lalit Kishore, Advocate General Mr. Subhash Pd. Singh (GA-3)
For the Housing Board : Mr. P.K. Shahi, Senior Advocate Mr. Pawan Kumar, Advocate For S.B.P.D.C.L. : Mr. Kumar Manish, Advocate Mr. Santosh Kumar, Amicus Curiae Mr. Viswas Vijeta, Amicus Curiae (In Civil Writ Jurisdiction Case No. 12127 of 2022)
For the Petitioner/s : Mr. Sumit Kumar, Advocate For the State : Mr. Lalit Kishore, Advocate General Mr. Abbas Haider (Sc6)
For the Housing Board : Mr. P.K. Shahi, Senior Advocate Mr. Pawan Kumar, Advocate For S.B.P.D.C.L. : Mr. Kumar Manish, Advocate Mr. Santosh Kumar, Amicus Curiae Mr. Viswas Vijeta, Amicus Curiae (In Civil Writ Jurisdiction Case No. 12202 of 2022)
For the Petitioner/s : Mr. Dhanendra Chaubey, Advocate For the State : Mr. Lalit Kishore, Advocate General Mr. Abbas Haider (Sc6)
For the Housing Board : Mr. P.K. Shahi, Senior Advocate Mr. Pawan Kumar, Advocate For S.B.P.D.C.L. : Mr. Kumar Manish, Advocate Mr. Santosh Kumar, Amicus Curiae Mr. Viswas Vijeta, Amicus Curiae (In Civil Writ Jurisdiction Case No. 12227 of 2022)
For the Petitioner/s : Mr. Arvind Kumar, Advocate For the State : Mr. Lalit Kishore, Advocate General Mr. Subhash Pd. Singh (GA-3)
For the Housing Board : Mr. P.K. Shahi, Senior Advocate Mr. Pawan Kumar, Advocate For S.B.P.D.C.L. : Mr. Kumar Manish, Advocate Mr. Santosh Kumar, Amicus Curiae Mr. Viswas Vijeta, Amicus Curiae (In Civil Writ Jurisdiction Case No. 12575 of 2022)
For the Petitioner : Mr. Arvind Kumar, Advocate For the State : Mr. Lalit Kishore, Advocate General Mr. Subhash Pd. Singh (GA-3)
For the Housing Board : Mr. P.K. Shahi, Senior Advocate Mr. Pawan Kumar, Advocate For S.B.P.D.C.L. : Mr. Kumar Manish, Advocate Mr. Santosh Kumar, Amicus Curiae Mr. Viswas Vijeta, Amicus Curiae (In Civil Writ Jurisdiction Case No. 12579 of 2022)
For the Petitioner/s : Mr. Sumit Kumar, Advocate For the State : Mr. Lalit Kishore, Advocate General Mr.Kinkar Kumar (SC-9)
For the Housing Board : Mr. P.K. Shahi, Senior Advocate Mr. Pawan Kumar, Advocate For S.B.P.D.C.L. : Mr. Kumar Manish, Advocate Mr. Santosh Kumar, Amicus Curiae Mr. Viswas Vijeta, Amicus Curiae (In Civil Writ Jurisdiction Case No. 13137 of 2022)
For the Petitioner/s : Mr. Sumit Kumar, Advocate For the State : Mr. Lalit Kishore, Advocate General Mr.Kinkar Kumar (SC-9)
For the Housing Board : Mr. P.K. Shahi, Senior Advocate Mr. Pawan Kumar, Advocate For S.B.P.D.C.L. : Mr. Kumar Manish, Advocate Mr. Santosh Kumar, Amicus Curiae Mr. Viswas Vijeta, Amicus Curiae (In Civil Writ Jurisdiction Case No. 13296 of 2022)
For the Petitioner/s : Mr. Sumit Kumar, Advocate For the State : Mr. Lalit Kishore, Advocate General Mr.Yogendra Prasad Sinha (AAG-7)
For the Housing Board : Mr. P.K. Shahi, Senior Advocate Mr. Pawan Kumar, Advocate For S.B.P.D.C.L. : Mr. Kumar Manish, Advocate Mr. Santosh Kumar, Amicus Curiae Mr. Viswas Vijeta, Amicus Curiae (In Civil Writ Jurisdiction Case No. 13740 of 2022)
For the Petitioner/s : Mr. Sumit Kumar, Advocate For the State : Mr. Lalit Kishore, Advocate General Mr. Subhash Prasad Singh ( GA- 3 )
For the Housing Board : Mr. P.K. Shahi, Senior Advocate Mr. Pawan Kumar, Advocate For S.B.P.D.C.L. : Mr. Kumar Manish, Advocate Mr. Santosh Kumar, Amicus Curiae Mr. Viswas Vijeta, Amicus Curiae (In Civil Writ Jurisdiction Case No. 13825 of 2022)
For the Petitioner/s : Mr. Sumit Kumar, Advocate For the State : Mr. Lalit Kishore, Advocate General Mr. Abbas Haider (SC- 6)
For the Housing Board : Mr. P.K. Shahi, Senior Advocate Mr. Pawan Kumar, Advocate For S.B.P.D.C.L. : Mr. Kumar Manish, Advocate Mr. Santosh Kumar, Amicus Curiae Mr. Viswas Vijeta, Amicus Curiae (In Civil Writ Jurisdiction Case No. 14994 of 2022)
For the Petitioner/s : Mr. Ram Binod Singh, Advocate For the State : Mr. Lalit Kishore, Advocate General Mr. Abbas Haider (SC-6)
For the Housing Board : Mr. P.K. Shahi, Senior Advocate Mr. Pawan Kumar, Advocate For S.B.P.D.C.L. : Mr. Kumar Manish, Advocate Mr. Santosh Kumar, Amicus Curiae Mr. Viswas Vijeta, Amicus Curiae (In Civil Writ Jurisdiction Case No. 15032 of 2022)
For the Petitioner/s : Mr. Ram Binod Singh, Advocate For the State : Mr. Lalit Kishore, Advocate General Mr. Kinkar Kumar (SC-9)
For the Housing Board : Mr. P.K. Shahi, Senior Advocate Mr. Pawan Kumar, Advocate For S.B.P.D.C.L. : Mr. Kumar Manish, Advocate Mr. Santosh Kumar, Amicus Curiae Mr. Viswas Vijeta, Amicus Curiae ======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
CAV JUDGMENT
Date : 25-05-2023 All the writ petitions have been filed by the petitioners challenging the illegal demolition of their houses in Mohalla - Nepali Nagar / Rajiv Nagar. Since the issue raised in all the writ petitions are similar, they have been heard together and are being disposed of by this common judgment and order.
2. For the sake of convenience, the facts of C.W.J.C. No.9422 of 2022 and C.W.J.C. No. 9424 of 2022 are treated as the lead matter.
3. The facts of the cases are stated as under:-
4. The Bihar State Housing Board (hereinafter to be referred/described as “the Housing Board”) in the year 1974 had acquired 1024.52 acres of land in Rajiv Nagar area on both sides of Ashiyana-Digha road for a colony named as Digha Housing Colony. As per the prevalent law, the land owners were to be paid a compensation of Rs.1361 per sq. ft. of land. The acquisition proceedings were challenged by some of the erstwhile land owners and ultimately, the matter travelled upto the Hon’ble Supreme Court of India, wherein, the acquisition proceedings were upheld in favour of the Housing Board. The Hon’ble Supreme Court directed the Housing Board to pay compensation through the District Magistrate, Patna and accordingly, the Housing Board paid a sum of Rs.17.42 crores in the account of the District Magistrate, Patna in lieu of compensation but, the farmers have not received the amount of compensation.
5. As the process of awarding compensation got delayed and the majority of the farmers were denied payment of compensation for their lands, they started selling/transferring their plots to various cooperative societies/individuals, which are situated on the eastern side of Ashiyana-Digha road. The area of eastern side is approximately 600 acres and odd and is occupied by the members of such societies/individuals, who after purchasing the plots constructed the houses and are living therein. Some of them have constructed commercial buildings which are being used for commercial purposes. The remaining 400 and odd acres of land which were acquired is located on the western side of the Ashiyana- Digha road known as Nepali Nagar.
6. Earlier, the State Government, in order to resolve the dispute, had come up with Digha Acquired Land Settlement Act, 2010 which was notified on November 27, 2013 (hereinafter to be referred as “the Digha Land Settlement Act, 2010”). The State Government had enacted the law in 2010 to settle the plots in favour of the residents of Nepali Nagar. In 2014, the State Government announced Digha Acquired Land Settlement Scheme, 2014 (hereinafter to be referred as “the Digha Land Settlement Scheme, 2014”) under Section 3 of the Digha Land Settlement Act, 2010. The Digha Land Settlement Scheme, 2010 provides that settlement of land in favour of unauthorized occupants would be done after realizing the settlement charge at the Minimum Value Register (MVR) rate. Occupants having less than 2 Kathas of land will have to pay 25% of MVR as settlement charge. Occupants having land over 2 kathas, would have to pay 50% of MVR as settlement charge. Similarly, if the plot is located on the main road or principle road, the occupant will have to pay 75% of MVR as settlement charge. Settlement is 100% of MVR for the commercial plots. There was no policy to settle the plots on the western side of Ashiyana-Digha road i.e. in relation to the land of 400 acres situated at Nepali Nagar as per the existing MVR in the area. However, in terms of Section-7 of the Digha Land Settlement Act, 2010, the Housing Board was entitled to take possession of vacant land comprising area about 400 acres of land in Sectors
1, 2, 5, 8 and 10.
7. Section 7 of the Digha Land Settlement Act, 2010 reads as under:-
“7. Board to take possession of vacant land.-
The Board shall be entitled to take possession of vacant land comprised in an area of about 400 acres of land situated in Sectors 1, 2, 5, 8 and 10. Provided that the constructed portion in the form of dwelling hous
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