IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13772 of 2018

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Ravindra Mahto alias Ravindra Prasad, Son of Late Rameshwar Mahto, alias

Rameshwar Prasad, resident of Village Ratanpura, P.O.- Bhanthauli, P.S.-

Barun, District- Aurangabad, Bihar.

... ... Petitioner/s

Versus

1.

The State Of Bihar through Revenue Department Government of Bihar,

Patna

2.

The District Magistrate, Aurangabad.

3.

The Land Acquisition Officer, Aurangabad.

4.

The L.R.D.C. Aurangabad.

5.

The Chairman of the Gail India Limited, New Delhi.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr.Shailesh Kumar Singh, Advocate

For the Respondent/s

:

Mr.Raj Kishore Roy -Gp18

For respondent no.5

:

Mr. Uday Bhan Singh, Advocate

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CORAM: HONOURABLE MR. JUSTICE S. KUMAR

ORAL JUDGMENT

Date : 22-05-2019

Heard parties.

This writ application has been filed for a direction to

the respondents authorities to pay the compensation amount of

the acquired land of the petitioner which was acquired for

shifting the pipeline of the Gail India Company.

It has been submitted that acquired land of the

petitioner is residential in nature but respondents have paid

compensation treating it to be agricultural land. It has further

been submitted that petitioner has represented before the

authority concerned to pay the compensation amount of his

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acquired land but till date no decision has been taken upon his

representation.

A counter affidavit has been filed on behalf of GAIL

India Ltd., respondent no.5 in which it has been stated that the

acquisition has been made under the provisions of Petroleum

Mineral Pipelines (Acquisition of Rights of User in Land) Act,

1962. The ministry of petroleum, Government of India by its

notification dated 12.7.2016 intended to acquire the right of use

of lands of petitioner for laying the pipelines for Haldia-

Jagdishpur gas pipe line project. The notice was issued on

27.03.2016 u/s 3(i) of the said Act which was communicated to

all the affected land owners including petitioner but he did not

appear before the competent authority and after following all

procedures land of petitioner was acquired and notification

dated 23.2.2017 was issued which was served upon petitioner

also. The land of petitioner has been found to be agricultural

land and not residential and project is on verge of completion.

Petitioner filed his objection before the wrong forum of

Collector and D.C.L.R. who are not the competent authority to

decide the objections filed by petitioner. The Award has already

been prepared in the name of petitioner and amount has been

credited in petitioner’s account through R.T.G.S. If petitioner

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has any grievances with respect to amount of Award, his remedy

was to file a petition before the District Judge u/s 10 of the

aforesaid Act which is the remedy available to petitioner as

such present writ petition is not maintainable and fit to be

dismissed.

In the facts and circumstances of the case, the

petitioner is granted liberty to file a petition before the District

Judge u/s 10 of aforesaid Act and raise his objection in said

forum which is a statutory remedy available to him under the

Act. If any such petition is filed before the District Judge by the

petitioner, the District Judge may take into consideration while

considering the delay in filing said petition the period in which

the writ petition remained pending before High Court.

With such observation and direction, this writ petition

stands disposed of.

Sanjay/-

(S. Kumar, J)

AFR/NAFR

NAFR

CAV DATE

NA

Uploading Date

22.05.2019

Transmission Date

NA