Vijay Sardar vs The State Of Bihar And Ors
2023 Latest Caselaw 3825 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.19263 of 2017
     ======================================================

Vijay Sardar Son of Late Lakshmi Narayan Sardar, Resident of Village- Gamhariya, P.O. Sirsiyakala, Police Station- Bhargama, District- Araria.

... ... Petitioner/s Versus

1. The State of Bihar, through the Secretary, Water Resources Department, Government of Bihar, Patna.

2. The Director, Land Acquisition and Rehabilitation, Water Resources Department, Government of Bihar, Patna.

3. The District Land Acquisition Officer, Kosi Project Saharsa.

4. The Special Land Acquisition Officer, Kosi Project Saharsa.

5. The District Land Acquisition Officer, Kosi Project Supaul.

6. The Special Land Acquisition Officer, Kosi Project Supaul.

7. The District Land Acquisition Officer, Kosi Project Araria.

8. The Special Land Acquisition Officer, Kosi Project Araria.

9. The District Land Acquisition Officer, Kosi Project Purnia.

10. The Special Land Acquisition Officer, Kosi Project Purnia.

11. The Collector, Saharsa.

12. The Collector, Supaul.

13. The Collector, Araria.

14. The Collector, Purnia.

15. The Executive Engineer, Jal Nishtaran and Anushandhan Pramandal, Purnia.

... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 19300 of 2017 ====================================================== Ramotar Mehta Son of late Bahur Mehta, Resident of Village- Gamhariya, P.O. Sirsiyakala, Police Station- Bhargama, District Araria.

... ... Petitioner/s Versus

1. The State of Bihar, through the Secretary, Water Resources Department, Government of Bihar, Patna.

2. The Director, Land Acquisition and Rehabiliation , Water Resources Department, Government of Bihar, Patna.

3. The District Land Acquisition Officer, Koshi Project, Saharsa.

4. The Special Land Acquisition Officer, Koshi Project, District Saharsa.

5. The District Land Acquisition Officer, Koshi Project, Supaul.

6. The Special Land Acquisition Officer, Koshi Project, Supaul.

7. The District Land Acquisition Officer, Koshi Project, Araria..

8. The Special Land Acquisition Officer, Koshi Project, Supaul. Patna High Court CWJC No.19263 of 2017 dt.18-08-2023

9. The District Land Acquisition Officer, Koshi Project, Purnia.

10. The Special Land Acquisition Officer, Koshi Project, Purnea..

11. The Collector, Saharsa.

12. The Collector, Saharsa.

13. The Collector, Araria,.

14. The Collector, Purnia.

15. The Executive Engineer, Jal Nishtaran and Anushandhan Pramandal , Purnia.

... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 19321 of 2017 ====================================================== Dipnarayan Mehta son of Late Kusum Lal Mehta, Resident of Village- Gamhariya, P.O. Sirisyakala, Police Station- Bhargama, District- Araria.

... ... Petitioner/s Versus

1. The State of Bihar, through the Secretary, Water Resources Department, Government of Bihar, Patna.

2. The Director, Land Acquisition and Rehabilitation, Water Resources Department, Government of Bihar, Patna.

3. The District Land Acquisition Officer, Koshi Project, Saharsa. null

4. The Special Land Acquisition Officer, Koshi Project, Saharsa.

5. The District Land Acquisition Officer, Koshi Project, Supaul.

6. The Special Land Acquisition Officer, Koshi Project, Supaul.

7. The District Land Acquisition Officer, Koshi Project, Araria.

8. The Special Land Acquisition Officer, Koshi Project, Araria.

9. The District Land Acquisition Officer, Koshi Project, Purnia.

10. The Special Land Acquisition Officer, Koshi Project, Purnia.

11. The Collector, Saharsa.

12. The Collector, Supaul.

13. The Collector, Araria.

14. The Collector, Purnia.

15. The Executive Engineer, Jal Nishtaran and Anushandhan Pramandal, Purnia.

... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 19338 of 2017 ====================================================== Anup Mehta Son of Late Domi Mehta, Resident of Village- Gamhariya Mallik, P.O.- Sirsiyakala, Police Station- Bhargama, District- Araria.

... ... Petitioner/s Versus Patna High Court CWJC No.19263 of 2017 dt.18-08-2023

1. The State of Bihar, through the Secretary, Water Resources Department, Government of Bihar, Patna.

2. The Director, Land Acquisition and Rehabilitation, Water Resources Department, Government of Bihar, Patna.

3. The District Land Acquisition Officer, Kosi Project, Saharsa.

4. The Special Land Acquisition Officer, Kosi Project, Saharsa.

5. The District Land Acquisition Officer, Kosi Project, Supaul.

6. The Special Land Acquisition Officer, Kosi Project, Supaul.

7. The District Land Acquisition Officer, Kosi Project, Araria.

8. The Special Land Acquisition Officer, Kosi Project, Araria.

9. The District Land Acquisition Officer, Kosi Project, Purnia.

10. The Special Land Acquisition Officer, Kosi Project, Purnia.

11. The Collector, Saharsa.

12. The Collector, Supaul.

13. The Collector, Araria.

14. The Collector, Purnia.

15. The Executive Engineer, Jal Nishtaran and Anushandhan Pramandal, Purnia.

... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 459 of 2019 ====================================================== Chouthi Sardar Son of Late Vijay Sardar, Resident of Village- Gamharia, P.S.- Bhargama, District- Araria.

... ... Petitioner/s Versus

1. The State of Bihar, through the Secretary, Water Resources Department, Government of Bihar, Patna.

2. The Director, Land Acquisition and Rehabilitation, Water Resources Department, Government of Bihar, Patna.

3. The District Land Acquisition Officer, Kosi Project, Saharsa.

4. The Special Land Acquisition Officer, Kosi Project, Saharsa.

5. The District Land Acquisition Officer, Kosi Project, Supaul.

6. The Special Land Acquisition Officer, Kosi Project, Supaul.

7. The District Land Acquisition Officer, Kosi Project, Araria.

8. The Special Land Acquisition Officer, Kosi Project, Araria.

9. The District Land Acquisition Officer, Kosi Project, Purnia.

10. The Special Land Acquisition Officer, Kosi Project, Purnia.

11. The Collector, Saharsa.

12. The Collector, Supaul.

13. The Collector, Araria.

Patna High Court CWJC No.19263 of 2017 dt.18-08-2023

14. The Collector, Purnia.

15. The Executive Engineer, Jal Nishtaran and Anushandhan Pramandal, Purnia.

... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 531 of 2019 ====================================================== Pradeep Saradar son of Late Hanumani Saradar, Resident of Village- Gamharia, P.S.- Bhargama, District- Araria.

... ... Petitioner/s Versus

1. The State of Bihar, through the Secretary, Water Resources Department, Government of Bihar, Patna.

2. The Director, Land Acquisition and Rehabilitation, Water Resources Department, Government of Bihar, Patna.

3. The District Land Acquisition Officer, Koshi Project, Saharsa.

4. The Special Land Acquisition Officer, Kosi Project, Saharsa.

5. The District Land Acquisition Officer, Kosi Project, Supaul.

6. The Special Land Acquisition Officer, Kosi Project, Supaul.

7. The District Land Acquisition Officer, Kosi Project, Araria.

8. The Special Land Acquisition Officer, Kosi Project, Araria.

9. The District Land Acquisition Officer, Kosi Project, Purnia.

10. The Special Land Acquisition Officer, Kosi Project, Purnia.

11. The Collector, Saharsa.

12. The Collector, Supaul.

13. The Collector, Araria.

14. The Collector, Purnia.

15. The Executive Engineer, Jal Nishtaran and Anushandhan Pramandal, Purnia.

... ... Respondent/s ====================================================== Appearance :

(In Civil Writ Jurisdiction Case No. 19263 of 2017) For the Petitioner/s : Mrs. Veena Kumari Jaiswal, Adv.

                                 :       Mr. Upendra Kumar Jaiswal, Adv.
       For the Respondent/s      :       Mr .Sudhir Kumar Upadhyay, AC to GP-7.

(In Civil Writ Jurisdiction Case No. 19300 of 2017) For the Petitioner/s : Mrs. Veena Kumari Jaiswal, Adv.

                                 :       Mr. Upendra Kumar Jaiswal, Adv.
       For the Respondent/s      :       Mr. Sanjay Prasad, AC to AAG-4.

(In Civil Writ Jurisdiction Case No. 19321 of 2017) For the Petitioner/s : Mrs. Veena Kumari Jaiswal, Adv.

                                 :       Mr. Upendra Kumar Jaiswal, Adv.
       For the Respondent/s      :       Mr. Binod Kumar Sinha, AC to GP-7.

(In Civil Writ Jurisdiction Case No. 19338 of 2017) For the Petitioner/s : Mrs. Veena Kumari Jaiswal, Adv.

                                 :       Mr. Upendra Kumar Jaiswal, Adv.
       For the Respondent/s      :       Mr. Vijay Kumar Verma, AC to GA-2

Patna High Court CWJC No.19263 of 2017 dt.18-08-2023

(In Civil Writ Jurisdiction Case No. 459 of 2019) For the Petitioner/s : Mrs. Veena Kumari Jaiswal, Adv.

                                 :       Mr. Upendra Kumar Jaiswal, Adv.
       For the Respondent/s      :       Mr. Vijay Kumar Verma, AC to GA-2

(In Civil Writ Jurisdiction Case No. 531 of 2019) For the Petitioner/s : Mrs. Veena Kumari Jaiswal, Adv.

                                 :       Mr. Upendra Kumar Jaiswal, Adv.
       For the Respondent/s      :       Mr. Anjani Kumar, AAG-4.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 18-08-2023

Heard learned counsel for the petitioners and

learned counsel for the State.

2. In all the batch cases, counsel for petitioner

submits that land of petitioners have been acquired by the

respondents in the year 1980-81 but compensation amount has

not been paid to the petitioners.

3. Learned counsel for the petitioners submits that

some of the aggrieved persons have earlier moved before this

Court in C.W.J.C. No.9968 of 2006 which was disposed of on

28.03.2012 but they were not paid any compensation. Learned

counsel for the petitioners is relying on an order dated

04.05.2023 passed in C.W.J.C. No.1102 of 2018 in which this

Court has directed the respondent authorities to start a

proceeding for acquisition of the land in question of petitioner

of C.W.J.C. No.1102 of 2018 and take the same to its logical

conclusion and to pay the compensation to the petitioners within

the period of six months from today. With this direction, the said Patna High Court CWJC No.19263 of 2017 dt.18-08-2023

writ petition stands allowed in the above observations and

directions.

4. Learned counsel for the State raised objection

and submits that a requisition was sent by the Executive

Engineer, Drainage Investigation Division, Kosi Project,

Banmanki to the Special Land Acquisition Officer, Kosi Project

and requested him for construction of drainage under Jal Nikas

Nala but due to some internal arrangements of offices, this

requisition further sent to Special Land Acquisition Officer,

Kosi Project, Purnia. He further submits that a notification in

this regard was also published in daily newspaper but after

notification, award was not prepared in the name of raiyat and

as such the land acquisition proceeding has been lapsed in the

year 1994. He also submits that according to the provisions of

Section 11A of the Land Acquisition Act, 1894 which is as

follows:-

[11-A. Period within which an award shall be made. -

The Collector shall make an award under Section 11 within a

period of two years from the date of the publication of the

declaration and if no award is made within that period, the

entire proceeding for the acquisition of the land shall lapse.

Provided that in a case where the said declaration has Patna High Court CWJC No.19263 of 2017 dt.18-08-2023

been published before the commencement of the Land

Acquisition (Amendment) Act, 1984, the award shall be made

within a period of two years from such commencement.

Explanation.-In computing the period of two years

referred to in this Section, the period during which any action

or proceeding to be taken in pursuance of the said declaration

is stayed by an order of a Court shall be excluded.]

5. The stand of the State is that since award has not

been prepared within two years from the date of declaration, as

such, the entire proceeding for the acquisition of the land

became lapsed. In this background learned counsel for the State

submits that land acquisition process has been lapsed due to

Section 11A of the Land Acquisition Act, 1894, and as such

there is no case of the petitioners.

6. On the other hand, learned counsel for

petitioners submits that the petitioners' lands have been taken on

the assurance that compensation shall be paid, the matter has

delayed for such long period.

7. In this background, prior to granting any relief it

is necessary for this Court to ascertain that whether the

petitioners' lands have been taken by the Government for the

said purposes or not ?

Patna High Court CWJC No.19263 of 2017 dt.18-08-2023

8. In this view of the matter, the petitioners are

directed to file their respective representation before the

Collector of the respective District describing detail of their

lands which were taken by the State for the purpose of

construction of canal, if it has been found that their lands were

taken for the purpose of construction of canal as like that of

petitioner of C.W.J.C. No.1102 of 2018, then the respondent

authorities shall immediately start a proceeding for acquisition

of the land in question of the petitioners and take the same to its

logical conclusion and pay the compensation to the petitioners

within a period of six months from the day when the report in

this regard shall come that their lands have been taken for the

purpose of construction of the canal.

9. With this observation and direction, all the Writ

Petitions stands disposed off.

(Dr. Anshuman, J.) Ritik/-

AFR/NAFR                        NAFR
CAV DATE                         NA
Uploading Date               21/08/2023
Transmission Date                NA