BROADSON COMMODITIES PRIVATE LIMITED Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application has been filed for quashing the order dated 09.10.2018 passed by the Respondent No.2 under Right to Public Grievance Redressal Act, 2015 (Annexure-4) and also for quashing the order dated 30.08.2017 passed by the Respondent No.2 (Annexure-2) as well as order dated 21.04.2018 passed by Respondent No.4 (Annexure-3) whereby the Petitioner has been asked to compensate the private Respondents.

(2.) Counsel for the Petitioner has submitted that the complaint in the nature of claim of compensation from a settllee of sand ghat will not fall under the purview of complaint defined under Section 2(a) of the Bihar Right to Public Grievance Redressal Act, 2015.

(3.) Brief facts of the case is that the Respondent No.7 has filed a complaint under the provisions of the Bihar Right to Public Grievance Redressal Act, 2015, hereinafter to be referred as "Act, 2015" before the Respondent No.3 alleging that illegal sand mining in the area should be stopped and further Respondent No.7 may be compensated for the loss he suffered on account of crop over the agricultural land due to commercial exploitation of sand. Respondent No.7 claimed that he is having raiyati land measuring 3.38 acres bearing Khata No.410, Khesra No.1856 and 1857 of Mauza Bindaul. The Respondent No.7 agreed to donate a portion of the said land for the purpose of construction of road from the middle of his total agricultural land measuring 3.38 acres, with a clear stipulation that sand should not be transported through such road as the same would damage the fertility of his agricultural holding which lies on either side of the road.