STATE OF BIHAR Vs. RAVINDRA SINGH
LAWS(PAT)-2022-3-52
HIGH COURT OF PATNA
Decided on March 29,2022

STATE OF BIHAR Appellant
VERSUS
RAVINDRA SINGH Respondents

JUDGEMENT

- (1.) Heard Mr. Khurshid Alam, learned AAG -12 for the appellants/State and Mr. Abhay Kumar Singh-I, learned Advocate for the respondent/land owner.
(2.) The respondent had preferred a writ petition challenging the order dtd. 7/8/2012, passed by the Divisional Commissioner, Munger whereby the earlier decision with respect to the nature of the land acquired under emergency provision of the Land Acquisition Act, 1894 was reviewed and it was held that the land in question was not a residential land but a Bhit land and the compensation amount which had been proposed by the Collector was exorbitant and could not have been treated as correct estimate of the lands so acquired.
(3.) The learned Single Judge, on going through the entire set of documents related to the acquisition of the land in question, found that no final award had been published in terms of Sec. 3A of Sec. 17 of the Act. The amount to the extent of 80% of the quantum of compensation was not out of the final award and therefore, the land owner/respondent herein could not have invoked the provisions of Sec. 18 of the Act for Court reference. Thus, the writ court was of the view that the order dtd. 7/8/2012 issued by the Divisional Commissioner was not sustainable in the eyes of law and therefore directed him to undertake a fresh inquiry and decide the nature of the land and the quantum of compensation on the date of the notification issued under Sec. 4 of the Act in the second round of acquisition proceedings. ;


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