PATNA HIGH COURT
Chanda Gupta
CWJC-12816/2024
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12816 of 2024 ======================================================
Chanda Gupta ... ... Petitioner/s Versus The State of Bihar ... ... Respondent/s ======================================================
Appearance :
For the Petitioner/s : Mr. Sumit Kumar Singh, Advocate For the Respondent/s : Mr. Yogendra Pd. Sinha, AAG-7 For the PMC : Mr. Prasoon Sinha, Sr. Advocate Mr. Prabhat Kumar, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER
7 16-03-2026 Heard Mr. Sumit Kumar Singh, learned counsel for the petitioner, Mr. Yogendra Pd. Sinha, learned AAG-7 as also Mr. Prasoon Sinha, learned Senior Advocate for the Patna Municipal Corporation.
2. The present petition has been preferred for the following relief(s):
“for quashing the process of acquisition published in the daily newspaper "Dainik Jagran" dated 21.11.2009 (Annexure-P/10) under Section- 11(1) of the Right To Fair Compensation And Transparency in Land Acquisition, Rehabilitation And Resettlement Act, 2013 (hereinafter referred to as "RFCTLARRA, 2013 for the sake of Brevity") which has been initiated under the signature of the District Magistrate, Patna in form no. 6, Department and Revenue of Land Reforms has issued Notification vide Letter No. 1390 dated 28.06.2024 by which acquiring the land for construction of Patliputra Bus Terminal at Mauza-Pahari, Thana No.14, Anchal -Patna Sadar, District- Patna, Area 5 acre(here after referred as "Project"); on the ground that the notification is incorrect, the process is without following the Social Impact Assessment (herein after referred as " SIA for the sake of brevity"), the action is in violation of section-4, 6 & 7 of RFCTLARR Act, 2013, the notification is itself wrong as the same on the face of record states that there is no displacement of people but there is displacement of people;
II. That the present writ application is being filed in the nature of Mandamus for a direction to the Collector, Patna to bring on record the Social Impact Assessment and expert committee report in relation to the Project; as the same is complete violation of section 4, 6 and 7 of the "RFCTLARR Act, 2013", even the objection of the public at large has not been considered, no proper opportunity of hearing was given to the public at large as the entire process was conducted in hurry, there is no finding for alternative land;
III. That the present writ application is being filed in the nature of Mandamus for a direction to the Collector, Patna to act in terms of Section-26 of the RFCTLARR Act, 2013 read with the Rules, 2014 and update the M.V.R and proceed in accordance with law;
IV. And pass any such other order/ orders as this Hon'ble Court deem fit and proper.”
3. This application shall be heard.
4. Since all the parties have appeared, no notice required.
5. Pleadings to be exchanged in six months.
6. Rule is made returnable within a period of one year.
7. Once the pleadings are completed, the parties are free to mention the matter for hearing.
(Rajiv Roy, J)
Adnan/-
U
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