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
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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. )