IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14616 of 2010 1. MANJU DEVI W/O LATE GIRDHARI PODDAR R/O POST OFFICE TOLA, STATION ROAD, BARIYARPUR, DISTT.- MUNGER, BIHAR ------------------Petitioner Versus 1. THE STATE OF BIHAR THROUGH CHIEF SECRETARY, BIHAR, PATNA 2. THE LAND REFORMS COMMISSIONER-CUM-SECRETARY, BIHAR, PATNA 3. THE COLLECTOR, MUNGER, BIHAR 4. THE DISTRICT LAND ACQUISITION OFFICER, MUNGER 5. THE UNION OF INDIA THROUGH THE SECRETARY RAILWAY BOARD, NEW DELHI 6. THE GENERAL MANAGER, EASTERN RAILWAY FAIRLY PALACE, KOLKATA, WEST BENGAL 7. THE DIVISIONAL RAILWAY MANAGER, MALDAH DIVISION EASTERN RAILWAY, MALDAH TOWN, WEST BENGAL -----------Respondents. For the Petitioner:- Mr. Randhir Kumar, Advocate. Mr. Nand Lal Kumar Singh, Advocate. For the Respondent nos. 5 to 7:- Mr. Anil Kumar Singh, Advocate. For the State: - Mr. Anshuman Singh, Advocate. Mr. Ajay Kumar, Advocate. -------------------------- 4. 26.11.2010 The petitioner is aggrieved by Annexure-1 which is the award prepared under Section 12 (2) of the Land Acquisition Act. The petitioner’s case is that after the gazette notification under Section 4, a notice was issued to the husband of the petitioner vide Annexure-3 dated 21.11.2008. The petitioner’s husband filed an objection dated 16.12.2008 under Section 5A of the Land Acquisition Act. Despite the objection filed on behalf of the husband, and after 2 his death on 4.6.2009 on behalf of the wife, no steps were taken to dispose of the objection of the petitioner by the land Acquisition Officer and an award was prepared under Section 12 (2) of the Act. It is well settled law and does not require reference to any decision of this Court to hold that the Land Acquisition Officer was bound to dispose of the objections filed under Section 5 (a) or under Section 11 before preparing the award. This Court while hearing the matter on 3.9.2010 directed that the Land Acquisition Officer, Munger, should take into account the value of the house while fixing the award amount. In compliance of the order of this Court, the Land Acquisition Officer, constituted a committee compromising of the Executive Engineer and Assistant Engineer of the Building Division, Munger. The committee considered the matter taking into account the various aspects provided under the Act thereafter, had valued the share of the petitioner in the house at Rs. 23,166/- and the value of the four storeyed building was fixed at Rs. 2,80,280/-. It has been stated that the total value arrived at is Rs. 5,47,720/- including interest etc. Learned counsel for the petitioner 3 submits that the award amount does not take into account the payment of 30% solatium. If the petitioner is aggrieved by the said amount fixed by the Land Acquisition Officer he has a remedy under Section 18 of the land acquisition Act. I accordingly direct that the petitioner may file an application before the Collector, Munger, who will on receipt of application refer the matter to the Court for fixation of the value of the land /building or any other claim made by the petitioner. The said application should be filed within a period of 8 weeks on receipt of a copy of this order. The Collector, Munger may refer the matter to the Court concerned, within a period of one month thereafter. This writ application is disposed of with the aforesaid observations and directions. Anand Kr. ( Sheema Ali Khan, J.)