VISHWNATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State.

(2.) The present writ petition has been filed for directing the respondent authorities to consider and adjudicate the case in accordance with law as filed before Land Acquisition and Resettlement Authority, Gaya in terms of proviso Sec. 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as 'RFCTLARRA, 2013') [Act No. 30 of 2013] on account of the failure of the District Magistrate-cum-Collector, Gaya to refer the same under the relevant provisions of the Land Acquisition Act, 1894 or RFCTLARRA, 2013.

(3.) Learned counsel for the petitioner submits that admittedly the lands of the petitioner was acquired in L.A. Case No. 15 of 2009-10 and award has been prepared with the petitioner has received with objection. Counsel further submits that petitioner has filed application for reference on the point of quantum of compensation before the competent court under Sec. 18 of the Act but matter was not referred, thereafter petitioner has moved before this Court in CWJC No. 10046 of 2010 in which the writ petition filed by the similarily sitated persons has been rejected/dismissed on 20/8/2010. Being aggrieved and dissatisfied with the said order, the said persons have preferred LPA No. 140 of 2014 and this LPA was again dismissed vide order dtd. 18/4/2014. Counsel further submits that in the meantime, a negotiation took place between the petitioner and other similarly situated persons with the company/authority in which they reached on certain common agenda. Counsel further submits that the said company/authority has not applying certain common agenda, therefore, the persons who earlier moved in which the petitioner has the common interest, has also not moved further then the present petitioner with old aged person has moved separately before this Court claiming for seeking reference by this Court.