BRAJ KISHORE ROY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Learned counsel for the petitioners is permitted to add the East Central Railway through its Divisional Manager, Maldah as party respondent in the four writ petitions. These writ petitions have been filed for issuance of a writ of mandamus for payment of the award amount as fixed by the Land Acquisition Officer, Banka and further challenging the redetermination of the valuation of the land by the Divisional Commissioner/State Government to the detriment of the petitioners.

(2.) The land of the petitioners were notified under Section 4(1) of the Land Acquisition Act on 30.5.2003, declaration under Section 6 was issued on 9.6.2009 and final notice was issued to the petitioners under Section 9 of the Act. The Land Acquisition Officer thereafter fixed the amount that was to be paid in lieu of the acquisition of the land of the petitioners estimated at Rs. 1,73,028.82 per acre. After fixing the valuation the matter was sent for approval to the State Government as per letter no. 416, dated 20.4.1985 of the Revenue and Land Reforms Department which requires that where price of the land purported to be acquired is above Rs. 5 lakhs or more, it would require the approval of the State Government. Accordingly, by letter dated 6.8.2004 the rate fixed for the land was sent for approval by the Commissioner, Bhagalpur who forwarded the matter to the Director after examining the same. Annexure-A indicates that the Commissioner considered over forty sale deeds and fixed the rate at Rs. 13 lakhs and odd per acre. The amount was finally approved and sanctioned by the Under Secretary of the Department vide letter no. 788, dated 13.3.2006. The petitioners received the award amount with protest.

(3.) The petitioners have come to this court challenging the decision of the State Government in reducing the amount without giving them the opportunity of being heard in the matter and also on the ground that the provisions of Section 23 of the Act and paragraphs 72 and 76 of the Executive Instructions have not been followed while fixing the rate of the land.