The State Of Bihar vs Sanjay Chandra Thakur
2023 Latest Caselaw 218 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                        Letters Patent Appeal No.1703 of 2019
                                          In
                    Civil Writ Jurisdiction Case No.14797 of 2017
     ======================================================

1. The State of Bihar.

2. The District Magistrate, Madhubani.

3. The Special Land acquisition Officer, Koshi Project Darbhanga.

4. The Public Redressal Grievance Officer of Complaint Vell Madhubani.

5. The Executive Engineer, West Koshi Project Division, Sakri, Madhubani.

6. The Assistant Engineer West Koshi Project Division Sakri, Madhubani.

7. The Anchal Officer of Kaluahi, Anchal of Madhubani District.

... ... Appellant/s Versus Sanjay Chandra Thakur Son of Late Basant Thakur Resident of Village- Haripur Maltola, P.S. Kaluahi, District-Madhubani.

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

For the Appellant/s : Mr. Anjani Kumar, AAG-4 Mr. Deepak Sahay Jamuar, AC to AAG-4 For the Respondent/s : Mr. Sanjeev Kumar Jha, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)

Date : 18-01-2023

Heard Mr. Anjani Kumar, learned Additional

Advocate General No. 4 and Mr. Sanjeev Kumar Jha for

the respondent.

The respondent had approached this Court for

payment for 0.09 decimals of land belonging to him in

Khata No. 1511, Plot No. 10047 which was used in the Patna High Court L.P.A No.1703 of 2019 dt.18-01-2023

construction of the canal, in addition to the land which was

acquired for the purpose in the year 2011.

On such complaint by the writ

petitioner/respondent, an inquiry was made and the local

Kanungo reported on 11.05.2016 that from the spot

verification, it appear to him that some mud from the

contiguous land had been used in the construction of the

canal. Based on that report, the Special Land Acquisition

Officer vide his letter dated 16.06.2016 informed the

Executive Engineer that since more than the acquired land

was subsumed, for which the landowner was demanding

payment, it be verified at his end and in case it is found

that the claim of the landholder is genuine, necessary

requisition shall be made.

On these set of facts, it was directed by the

learned Single Judge that the respondents would be

obligated to initiate a proceeding for acquisition of land of

the petitioner which had been utilized beyond the area Patna High Court L.P.A No.1703 of 2019 dt.18-01-2023

which had been acquired, within one month of the date of

passing of the order.

The learned Single Judge, on finding that from

2016, when such letter was issued by the Special Land

Acquisition Officer to the Executive Engineer, nothing had

been done, cost of Rs. 20,000/- was imposed on the State

to be paid to the writ petitioner.

The aforesaid cost has already been paid.

Mr. Anjani Kumar has pointed out that the report

of the Kanungo clearly indicated that not any parcel of land

but only mud was subsumed in the construction of the

canal. He submits that the aforenoted report of the

Kanungo was misunderstood by the Special Land

Acquisition Officer to mean that extra land than what was

acquired was used. He further submits that the order of

the learned Single Judge is fallacious on one count that a

mandamus was issued for initiating proceedings for

acquisition of land of the petitioner which according to the

report was found to have been used and that parcel of land Patna High Court L.P.A No.1703 of 2019 dt.18-01-2023

was beyond the land which had been acquired for the

purpose, without getting such facts ascertained after a due

inquiry.

The learned counsel for the respondent/landholder

however submits that it would not be in the mouth of the

State to raise such issue when in the counter affidavit in

the writ petition, it was contended that no sooner the

Executive Engineer would report back, necessary process

for issuing a requisition for acquiring the said land shall be

issued.

Thus, even if the Special Land Acquisition Officer

had over-read the report of the Kanungo, the state had

accepted it and had asked for a further inquiry in the

matter by the Executive Engineer.

Mr. Jha, the learned counsel for the land owner,

therefore submits that the report of the Kanungo and the

consequent letter of the Land Acquisition Officer would

have been tested and verified, had such inquiry been

conducted by the Executive Engineer. The landholder Patna High Court L.P.A No.1703 of 2019 dt.18-01-2023

would not require any money from the government if his

land has not been used.

The issue could have been clinched only on an

inquiry by the Executive Engineer which was promised by

the State before the learned Single Judge in the counter

affidavit. In fact, the averment in the writ petition with

respect to usage and consumption of the extra land of the

writ petitioner was never rebutted and therefore, the

doctrine of non-traverse would apply, notwithstanding the

rebuttal at the stage of appeal.

Be that as it may, we find that when the learned

Single Judge had directed for initiation of an acquisition

proceeding, he only meant that it was to be initiated after

the report from the Executive Engineer was received with

respect to consumption of extra land for which the

landholder was not paid hitherto.

The tenor of the order also signifies that based on

the disclosure made by the State in the counter affidavit

that the matter is being inquired by the Executive Engineer Patna High Court L.P.A No.1703 of 2019 dt.18-01-2023

and no sooner would his report be forthcoming, necessary

action shall be taken on such report, that such an order

was passed.

Thus, we find that the order passed by the

learned Single Judge is not fit to be interfered with except

for a minor clarification that such process of acquisition

shall be initiated only in case it is found by the Executive

Engineer that extra land than what has been acquired has

been consumed in the construction of the canal.

Mr. Anjani Kumar submits that this acquisition

had taken place sometimes in the year 2011 and now it

would be rather difficult to ascertain as to what area of

land, if at all, was consumed for which the landholder has

not been paid.

This objection cannot be entertained at this stage

when there was a communication to the Executive

Engineer to undertake an inquiry way back in the year

2016 which hung fire for all this while. This only betokens Patna High Court L.P.A No.1703 of 2019 dt.18-01-2023

that the rights of an individual was not treated with the

sensitivity that it deserved.

Precisely for this reason, the learned Single Judge

had slapped a fine of Rs. 20,000/- on the State to be paid

to the landholder as a minor palliative to him for the delay

in the decision-making with respect to fresh acquisition and

payment. With respect to no such inquiry having been

taken forward, Mr. Anjani Kumar takes refuge of the order

passed by a co-ordinate Bench earlier, staying the

operation of the order of the learned Single Judge on

02.03.2020.

Thus, we dispose of this appeal with a direction

that necessary inquiry by the concerned Executive

Engineer shall be conducted without any delay and a report

be sent to the Special Land Acquisition Officer for him to

either drop the proceedings or initiate further proceeding

for issuing requisition for such acquisition and making

payment to the landholder.

Patna High Court L.P.A No.1703 of 2019 dt.18-01-2023

We make it clear however that in case it is found

that no extra land was consumed, the directions given by

the learned Single Judge or by this Court shall not be

carried out.

The order impugned is thus modified/clarified to

the extent indicated above.

The appeal is disposed of accordingly.

(Ashutosh Kumar, J)

(Satyavrat Verma, J) Rishi2/rishi-

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