ROSHAN KUMAR Vs. THE UNION OF INDIA

JUDGEMENT

(1.) The present Letters Patent Appeal is directed against an order passed by the learned Single Bench of this Court on 24th of Aug., 2016 in C.W.J.C. No. 16871 of 2014.

(2.) The appellant claimed a direction to the respondents to pay compensation for his acquired land in the district of Supaul as per Sec. 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as "2013 Act") or as per direction given in C.W.J.C. No. 17199 of 2011 (Roshan Kumar and Anr. Vs. The Union of India and Ors.) vide order dated 7th of Jan., 2014.

(3.) The aforesaid grievance arises out of acquisition of land by the National Highway Authority of India. The appellant alleges that he has been paid compensation of Rs. 2,53,968.00 on 18th of Aug., 2011. Since part of the land required was omitted by the National Highway Authority of India from acquisition, the mother of the appellant was persuaded to sell the said land vide registered Sale Deed dated 18th of Aug., 2011. She was paid compensation of an amount of Rs. 2,53,968.00. It is pointed out that earlier, the appellant filed C.W.J.C. No. 17199 of 2011 wherein this Court directed on 7th of Jan., 2014 the Collector-cum-District Magistrate, Supaul to enquire into the matter as to whether the old illiterate lady has been misled and deprived of her rightful compensation ignoring the sale-deed holding that the registration was wrongly done and directed the National Highway Authority of India to re-compute the compensation and pay her the just amount of balance, if any. Subsequently, the writ application was decided on 3rd of July, 2014 when it was ordered as under:-