1. The petitioner has filed the instant writ petition for following reliefs: -

2. It is contended by the petitioner that his land was acquired under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 ("2013 Act", for brevity) for construction of Indo-Nepal Road, running through the international border between the above-named two countries.

3. It is also contended by the petitioner that the nature of the land, which has been acquired, was wrongly treated as Patna High Court CWJC No.16374 of 2021(8) dt.20-08-2025 3/5 agricultural land and compensation was granted by lower rate. Practically, the land is situated adjacent to the residential building of the petitioner and it ought to be held that the said land is either commercial or residential land.

4. It is provided in Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 :-

5. Thus, the efficacious relief to the petitioner lies in referring the matter to the concerned authority, i.e., the jurisdictional Collector under Section 64 of the 2013 Act for assessment and compensation along with the rights of rehabilitation and resettlement.

Patna High Court CWJC No.16374 of 2021(8) dt.20-08-2025 5/5

6. Therefore, the instant writ petition is disposed of, directing the petitioner to make proper reference to the concerned authority under Section 64 of the 2013 Act.

7. It is made clear that since the petitioner was pursuing a legal remedy by filing the instant writ petition bona fide and with all diligence, the competent authority is at liberty to consider the prayer for condonation of delay in filing the reference in accordance with the appropriate provisions of the Limitation Act .

8. With the aforesaid direction, the instant petition stands disposed of, on contest, however, without costs.

(Bibek Chaudhuri, J) skm/-