LAWS(PAT)-2016-11-128

VIDAYA SAH Vs. THE UNION OF INDIA

Decided On November 22, 2016
Vidaya Sah Appellant
V/S
THE UNION OF INDIA Respondents

JUDGEMENT

(1.) The present Letters Patent Appeal arises out of an order passed by the learned Single Bench of this Court on 17th of August, 2016 in C.W.J.C. No. 7150 of 2014 whereby, the writ application was dismissed as the matter was said to be sub-judice before the learned Sub1st, Supaul.

(2.) The appellant has invoked the writ jurisdiction of this Court to claim compensation under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the "2013 Act"). The appellant earlier filed C.W.J.C. No. 3099 of 2011 wherein, this Court directed the Arbitrator on 29th of March, 2011 to consider and decide the request of the appellant for determination of the compensation within 12 weeks. The appellant filed Contempt Petition which was decided on 29th of November, 2013 that an Award has been passed whereas enforcement of the Award has to be placed before the Civil Court of competent jurisdiction under the Arbitration Act. It is thereafter, the appellant has filed the present writ application claiming compensation under the 2013 Act.

(3.) A perusal of the record shows that the land of the appellant was acquired for the purposes of National Highway-57 for widening from 0.00 K.M. to 310 K.M. in Muzaffarpur-Purnea section vide Gazette notification dated 22nd of August, 2005. The appellant claims benefit of Bihar Land Acquisition Rehabilitation Policy, 2007 that if land owner voluntarily surrenders his land and building then in that case the rate of compensation is at the higher level.