Saturday, February 24, 2024

Supreme Court to take up plea challenging Patna High Court order on evaluation of land today

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The Supreme Court will today take up a petition challenging the Patna High Court order in relation to wrong evaluation of petitioner’s land and less compensation.

The bench of Justice Sanjay Kishan Kaul and Justice Hemant Gupta will hear the petitioner, who claims that he was granted less compensation for the land acquired for development purposes, considering it as residential property, when it actually was a commercial one.

The present plea challenged the order passed by the Patna High Court, which dismissed the letter patent appeal filed by the petitioner for dropping of contempt proceedings against him, originating from the non-compliance of the order passed in a writ petition filed earlier by the petitioner itself.

In the writ petition, the petitioner had said he was aggrieved by the compensation granted to him for the land. He had claimed that Letter No 1896 dated December 7, 2012 of Circle Officer itself showed that the petitioners were running a shop of silver, gold and also of utensils but his compensation amount has been fixed considering the land as a residential property.

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The High Court had disposed of the petition with a direction to refer the matter to a five-member Committee, which would examine the objection of petitioners in accordance with law and take into consideration the objection raised by them, after giving them proper hearing. The whole process was asked to be completed within three months from the date of production of copy of the order.

After examination, the Committee found that the land in question was residential in nature and not commercial. Aggrieved from this order, the petitioner filed an LPA that has also been dismissed by the High Court on the ground of non-maintainability and barred by time (unexplained delay of 899 days), which has been challenged by the petitioner in the present plea.

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