KALICHARAN KANTH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) The petitioner has filed this writ application for a direction to the respondents to pay the amount of compensation against acquisition of his land to the tune of Rs. 47,80,125/- and Rs. 5,20,557/- @ 18% for delayed payment against acquisition of his land by the State Government, situated at Mauza Nipania, Block Barhara, District Purnea and Mauza Mugalia Purandaha, Block Damdaha, District- Purnea . The acquisition is said to have been made in the year 1988-89 itself. Certain facts are not at all in dispute, as is evident from the counter affidavit, filed by the Special Land Acquisition Officer, Koshi Project, Saharsa on 09.12.2014 and supplementary counter affidavit, filed on his behalf as well as a counter affidavit, filed by the District Land Acquisition Officer, Purnea.

(3.) It has been stated in the said counter affidavit that the petitioner's land was acquired in the year 2011-12, vide Land Acquisition Case No. 10 of 2011-12, in respect of which an award to the tune of Rs. 47,80,125/- was prepared on 27.05.2013. The petitioner was intimated to receive the amount of compensation by personally being present on 20.06.2013, with the documentary evidence, before the Special Land Acquisition Officer, Koshi Project, Saharsa. It further appears that a dispute had arisen on the question of entitlement to receive the amount of compensation, whereafter the matter was referred to the learned Land Acquisition Special Judge, Purnea on 14.09.2013, which gave rise to Land Acquisition Case No. 03 of 2013. The said land acquisition case was conclusively disposed of by the Lok Adalat, organized by the National Legal Service Authority, in the light of settlement between the parties on 23.11.2013. This is not in dispute that till date the amount of compensation has not been paid to the petitioner. It would be pertinent to mention that this writ application was filed after the award was made by the Lok Adalat on 23.11.2013, seeking a direction to the State-respondents to make payment.