IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8352 of 2010 BINDESHWARI PRASAD SINGH S/O LATE JAY KISHORE SINGH R/O VILL GIDHA, P.S.KOILWAR, DISTT-BHOJPUR AT ARA Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE , BHOJPUR AT ARA 3. THE DISTRICT LAND ACQUISITION OFFICER BHOJPUR AT ARA 4. THE CIRCLE OFFICER KOILWAR BLOCK, DISTT-BHOJPUR AT ARA 5. THE CHAIRMAN CUM MANAGING DIRECTOR, BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY PATNA 6. THE AREA MANAGER , BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY BHOJPUR AT ARA For the petitioner : Mr. Rahul Nath, Advocate. For the State : Mr. S.K.Sharma, AC to AAG-XI ----------- 3. 13-08-2010 This writ application has been filed for a direction that the petitioner should be paid for the acquisition of land made by Bihar Industrial Area Development Authority, Patna(hereinafter called B.I.A.D.A.) in relation to a land acquisition proceeding which was initiated sometime in the year 1988, vide Land Acquisition Case No. 12-5 of 1988-89. It is admitted position that the petitioner was paid compensation for 1.08 acre with respect to Plot No. 154 situated in Village Gidha. The grievance of the petitioner is that actually 2.08 acres of land was acquired and that he has not been paid any compensation for remaining one acre of land. The petitioner’s claim that they are still in cultivating possession of the said land which are now being disturbed as the B.I.A.D.A. is disturbing the land to different persons. The B.I.A.D.A. and the Land Acquisition Officer, Ara at 2 Bhojpur are required to examine the notification under sections 4, 6, and 11 (i) in Land Acquisition Case No. 12-5 of 1988-89, and determine whether they have acquired 2.08 acres of plot no. 154, belonging to the petitioner, or whether the acquisition is restricted to 1.08 acre of land. Both the authorities are also required to make spot verification in the presence of the petitioner and measure the land of Plot NO. 154 and demarcate the land which belongs to the petitioner in order to determine whether, in fact, the land falls within the acquired area. In case it is found that the lands have been acquired without a proper proceeding, it would be proper for the Collector of Ara to send a proposal to the B.I.A.D.A. to release funds for acquisition of remaining one acre of land and after starting the proceeding pay the compensation amount to the petitioner. Since there is a dispute with respect to only one acre of land belonging to the petitioner, this matter should not take longer than a year to conclude. It is the stand of the petitioner that he is still in cultivating possession of one acre of land of Plot No. 154 and the Khatiyan(Annexure-3) would indicate the area is 2.08 acres, whereas it is the stand of the B.I.A.D.A. that the entire plot 154 measures 1.08 acre. The spot verification should be done within a period of six weeks from the date of receipt/production of a copy of this order. The land acquisition officer is represented by the State 3 counsel whereas the counsel for the B.I.A.D.A. is also present. It would be incumbent upon them to communicate the directions of this court to their respective authorities. Petitioner’s possession should not be disturbed for the aforesaid period. In case petitioner does not appear within the aforesaid period of six weeks for the purpose of spot verification, the verification will be done in absence of the petitioner. With the aforesaid observations and directions this writ petition is disposed of. Sujit (Sheema Ali Khan,J)