IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.743 of 2008 SANJAY KUMAR Versus THE STATE OF BIHAR & ORS ----------- Counsel for the Petitioner :- Mr. Ram Suresh Roy, Sr. Adv. Counsel for the State :- Mr. Lalit Kishore, AAG-3 Counsel for the Bihar State Bridge Construction Corporation :- Mr. Nadim Seraj, Advocate. Mr. Sheilesh Kumar, Advocate. 12 24.9.2008 Heard Counsel for the parties. In the opinion of this Court, when ultimately 80% of the amount of the award in question has been deposited by the Bihar State Bridge Construction Corporation (hereafter to be referred to as the “Corporation”), the grievance of the petitioner as with regard to the measurement of the acquired land and consequential payment of compensation cannot be now gone into by this court in this writ petition, two reasons, namely:- (i) There is an order of this Court dated 8.3.2002 in CWJC No. 3342 of 2002 which says that the amount of award will be paid only after determination of a dispute as with regard to the apportionment of compensation. Obviously, if such an order exists, this Court cannot direct for payment of the amount even though the Corporation has already deposited the amount in the fund of the State. (ii) As with regard to the measurement, this Court would find it difficult to decide the matter because the remedy for the petitioner against such claim of error in measurement or for that purpose any other objection as with regard to the quantum of compensation, can always be gone into in Reference by the Civil Court in terms of Section 18 of the Land Acquisition Act. It is clear from the affidavit that such award has not been finally made and only 80% payment has been offered. 2 It is, therefore, directed that the award must be made within a period of two months from the date of receipt/production of a copy of this order. Once such an award is made, the notices under Section 12(2) of the Act will be served on the petitioner and after receipt of such notice, the petitioner will always be at liberty to seek reference in terms of Section 18 wherein this question of measurement of land and the adequacy of the amount of compensation will be gone into by the competent Civil Court in accordance with law. It is, also, made clear that as soon as the order dated 8.3.2002 in CWJC No. 3342 of 2002 is complied, the petitioner’s share will be paid within a period of one month from the date of such order. With the aforementioned observations and directions, this application is disposed of. The personal appearance of the District Land Acquisition Officer, Patna is hereby dispensed with. Rsh (Mihir Kumar Jha, J.)