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Court orders fresh compensation assessment for Gaya landowners in NH-82 case

Patna, Oct 1 (UNI) The Patna High Court has directed a fresh assessment of compensation for landowners whose land were acquired for the four-laning of NH-82 in Gaya, partially modifying an earlier order in the long-running land acquisition dispute.
The case relates to nearly 2.87 acres of land in Wazirganj, Gaya, acquired following a 2014 notification. Landowners, including Shiv Shankar Prasad, had challenged the agricultural valuation of their land and sought compensation at the applicable rate for developing/commercial land.
The Additional Collector, acting as arbitrator, had subsequently classified the land as “developing land” in August 2018.
The Bihar State Road Development Corporation Limited (BSRDCL) challenged the proceedings after a subsequent notification changed the designated arbitrator.
The Division Bench, however, held that the later notification could not retrospectively invalidate proceedings already pending before the earlier arbitrator. It therefore upheld the landowners' protection against cancellation of the earlier proceedings on that ground.
At the same time, the court found shortcomings in the calculation of compensation and directed the competent authority to undertake a fresh assessment in accordance with the applicable statutory provisions.
The Bench also set aside the Single Judge's direction relating to payment of 12 per cent interest, making it clear that the compensation payable to the landowners would have to be determined afresh.
The competent authority has been directed to complete the reassessment and determine the compensation, including applicable solatium and statutory interest, within the prescribed period.
UNI XC RS MCR
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