High Court Patna High Court - Orders

Fazlur Rahman vs The State Of Bihar &Amp; Ors on 19 November, 2010

Patna High Court – Orders
Fazlur Rahman vs The State Of Bihar &Amp; Ors on 19 November, 2010
             IN THE HIGH COURT OF JUDICATURE AT PATNA
                       CWJC NO.18720 OF 2010
FAZLUR RAHMAN, SON OF LATE GHULAM RABBANI, PERMANENT RESIDENT
OF VILLAGE DEHTI, POLICE STATION PALASI, DISTRICT ARARIA. AT
PRESENT, RESIDENT OF RAHIKA TOLA, WARD NO. 19, NAGAR PARISHAD,
ARARIA, POLICE STATION ARARIA, DISTRICT ARARIA
                               VERSUS
  1. THE STATE OF BIHAR
  2. THE DISTRICT MAGISTRATE, ARARIA
  3. ATHE DISTRICT LAND ACQUISITION OFFICER, ARARIA
  4. THE ADDITIONAL COLLECTOR -CUM- ARBITRATOR, PURNEA
  5. THE PROJECT DIRECTION, NATIONAL HIGHWAY AUTHORITY OF INDIA,
     FOUR LANE ROAD, N.H. 51, PURNEA
  6. THE CIRCLE OFFICER, PALASI, DISTRICT ARARIA
                               *********

2 19/11/2010 The petitioner is aggrieved by the fact that the

gazette notification declaring that lands of the petitioner

are to be acquired, was defective. The main objection is

that the lands in question have been described as

agricultural lands, whereas the petitioner claims that his

lands are homestead lands. During the acquisition

proceeding, a valuation chart was prepared which is also

said to be defective. In the valuation chart, the name of

Imamuddin has been included. Imamuddin has filed an

affidavit before the Land Acquisition Officer that he has

no title over the lands in question. The Land Acquisition

Officer has directed the Circle Officer to make an enquiry.

Subsequently, an enquiry was made by the Halka

Karamchari, which is contained in Annexure 14, which

indicates that Jamabandi No. 348 runs in the name of

Shri Fazlur Rahman, whereas Khata No. 43, Plot Nos.

105 & 107 measuring 3.54 acres & 3.36 acres
-2-

respectively run in the name of Bibi Farzana Khatoon.

The Land Acquisition Officer should take into

account the report of the Halka Karamchari and the

affidavit filed by the said Imamuddin and pass

appropriate orders within a period of six weeks from the

date of receipt/production of a copy of this order.

The objection with respect to the value of the

lands can be raised by the petitioner in terms of Section

3G of the National Highway Act, 1956.

After the Land Acquisition Officer disposes of the

objection of the petitioner, he is directed to prepare the

award on the basis of his finding, within a period of six

weeks thereafter.

The National Highways Authorities would

obviously be required to deposit the necessary amount

in order to facilitate payment in lieu of the acquisition

proceeding.

If the petitioner files an objection regarding the

value of the land, the same should be disposed of by the

concerned authority, as per Section 3G of the National

Highways Act, 1956 within a reasonable time.

This writ application is disposed of with the

aforesaid observations and directions.

Anand                                         ( Sheema Ali Khan, J. )