Meira Kumar entitled to compensation for land acquired by government, says Patna High Court

The Patna High Court has delivered a verdict in favour of former Lok Sabha Speaker and former Deputy Prime Minister Jagjivan Ram’s daughter, Meira Kumar ordering that she was entitled to compensation for the land acquired by the Bihar government.

The single Bench order stated she is entitled to receive compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Justice Khatim Reza, in an order on October 6, quashed the District Collector’s order that had attempted to seize Patna land by unilaterally cancelling the family’s 60-year-old land records.

The dispute pertained to land measuring approximately 18 Kathas and 10 Dhurs (approx. 0.56 acres) situated at Mainpura locality in Patna, which had been acquired by the State in Land Acquisition Case No. 50 of 1975-76 for construction of a drainage channel under the Bengal Embankment Act.

Although possession of the land was taken by the authorities and the public project was executed decades ago, compensation was never paid either to the original landholder, Indrani Devi, or subsequently, to her successor and daughter, Ms. Kumar.

Collector’s order

During the pendency of the proceedings, the Collector, Patna, passed an order dated 12.04.2023 cancelling the Jamabandi standing in favour of the petitioner’s family and declaring the land as Ghairmazarua Aam land (public wasteland). The legality of that order was also placed under challenge before the High Court.

“This court is of the view that order dated 12.04.2023 passed in Jamabandi Cancellation Appeal Case No. 1 of 2012-13 by the District Collector, Patna is not fit to stand in the eye of law. Therefore, the same is held to be illegal without jurisdiction and accordingly quashed. The Jamabandi created in favour of the mother of the petitioner is restored and it is held that the petitioner is entitled for compensation under the Act of 2013,” the court ordered.

The court ruled that Section 4(h) of the Bihar Land Reforms (B.L.R.) Act, 1950, applies strictly to land transactions made after January 1, 1946. Because the initial settlement was validly granted by the ex-landlord in 1941, the Collector had zero authority to annul the title.

​The court also slammed the Collector for ignoring his own State-appointed three-man committee report (submitted in 2016), which had explicitly confirmed the 1941 settlement date and warned that Section 4(h) was legally inapplicable.

‘Can’t override sale deeds’

​The Bench noted that Survey Khatiyan entries over a century old are merely historical snapshots and do not override 60-plus years of registered sale deeds, regular mutation, and tax receipts accepted by the State.

​”Long-standing Jamabandi created in favour of a person cannot be cancelled in a summary proceeding. If the State wishes to challenge a pre-1946 title, the proper remedy is to approach a competent Civil Court rather than executing a summary cancellation via revenue proceedings,” the Bench observed.

​On the issue of compensation, the High Court relied upon the Constitution Bench decision of the Supreme Court in Indore Development Authority v. Manoharlal & Others, (2020) and held that where acquisition has taken place, but compensation has remained unpaid, the landholder becomes entitled to compensation in accordance with the provisions of the 2013 Act.