IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.1409 OF 2008 1. RAM SWARUP SAH, SON OF LATE RAM BILASH SAH 2. DHORA THAKUR, SON OF LATE JAY NARAYAN THAKUR 3. HANUMAN THAKUR, SON OF LATE RAMDHARI THAKUR ALL ARE RESIDENT OF VILLAGE BALUA (TOLA RASMANDAL), POST OFFICE DAMODARPUR, POLICE STATION PIPARA, DISTRICT EAST CHAMPARAN (MOTIHARI) 4. CHANDRADEO BHAGAT, SON OF LATE SURYADEO BHAGAT 5. RAM CHANDRA BHAGAT, SON OF LATE SHIVDHARI BHAGAT 6. GOVIND RAM, SON OF LATE NATHUNI RAM ALL ARE RESIDENT OF VILLAGE BAIRIYA, POST OFFICE DAMODARPUR, POLICE STATION PIPARA, DISTRICT EAST CHAMPARAN, MOTIHARI ……………………………………………………………………………….PETITIONERS VERSUS 1. THE STATE OF BIHAR THROUGH THE SECRETARY, LAND REFORMS DEPARTMENT, VIKASH BHAWAN, PATNA 2. THE SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT OF BIHAR, VIKASH BHAWAN, PATNA 3. THE SECRETARY, HOME DEPARTMENT, GOVERNMENT OF BIHAR, OLD SECRETARIATE, PATNA 4. THE COLLECTOR, EAST CHAMPARAN (MOTIHARI) 5. THE SPECIAL LAND ACQUISITION OFFICER, GANDAK PROJECT, MUZAFFARPUR 6. THE SPECIAL LAND ACQUISITION OFFICER, GANDAK PROJECT, PIPARA, EAST CHAMPARAN, MOTIHARI 7. THE CIRCLE OFFICER, PIPARA, DISTRICT EAST CHAMPARAN, MOTIHARI ……………………………………………………………………………..RESPONDENTS ******** 3 29/10/2010 The petitioner is aggrieved by the fact that his lands situated in village Bairiya, paragana Manjhaul, Thana No. 116, Circle Pipara, in the district of East Champaran at Motihari have been utilized for construction of Ring Bandh for the regulating of flood water after the destruction of the main Bandh of Gandak river, sometime in the year 1999. A land acquisition proceeding was initiated. An 2 estimate was also prepared by the Commissioner, Tirhut division to the tune of Rs. 11,23,798.05/- and forwarded to the Commissioner, Tirhut Division. The compensation amount could not be deposited with the Land Acquisition Officer, as a result of which, the land acquisition proceedings lapsed as per the affidavit filed on behalf of the State on 08.10.2010. Considering the fact that the lands of the petitioner have already been utilized for construction of the “Ring Bandh”, the Collector, East Champaran, Motihari and the Special Land Acquisition Officer, Gandak Project, Muzaffarpur are directed to ask the Water Resources Department to provide the amount of compensation, that is to be paid to the land holders whose lands have been acquired for the construction of the Ring Bandh. The Secretary, Water Resources Department should, on receipt of the letter of the Collector/the Special land Acquisition Officer will immediately take place to provide the funds so that the acquisition proceedings may be initiated and the compensation amount should be paid. The authorities should keep in mind that the proceedings are being reopened after a gap of 6-7 years and, therefore, they have to pay the compensation in accordance with the value of the land 3 from the date on which the notification is issued. Counsel for the petitioner is directed to produce a copy of this order before the Collector/ the Special Land Acquisition Officer, Gandak Project, Muzaffarpur within a period of six weeks on the receipt of the copy. The authorities will send letter to the Water Resources Department within a period of three weeks thereafter. The Secretary, Water Resources Department should take a decision and provide the funds for payment of compensation after due consultation with any other authorities to whom the Secretary may deem it proper, within three months from the date of receipt of the letter. This writ application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J. )