IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.337 of 2011 1. The Chairman-cum-Managing Director, Bihar Industrial Area Development Authority, Patna. 2. The Area Manager, Bihar Industrial Area Development Authority, Bhojpur at Ara …Respondents ……..Appellants Versus 1. Bindeshwari Prasad Singh, son of late Jay Kishore Singh, resident of village Gidha, Police Station-Koilwar, District-Bhojpur. ….Petitioner…Respondents 2. The State of Bihar. 3. The District Magistrate, Bhojpur at Ara. 4. The District Land Acquisition Officer, Bhojpur at Ara 5. The Circle Officer, Koilwar Block, District-Bhojpur at Ara. ………Respondents ……Respondents For the appellant : Mr. Lalit Kishore, Sr. Advocate For the respondent No. 1 : Mr. Baxi Vidyanand, Sr. Advocate For the State : Mr. R.S. Nath, A.A.G.-3 Mr. Amerendra Kumar ----------- 8. 17-11-2011 Heard the parties. The land of plot No. 154 situated in village Gidha in the district of Bhojpur is subject matter of this appeal arising out of writ petition bearing C.W.J.C. No. 8352 of 2010 which was disposed of by the order under appeal dated 13.08.2010. The Writ Court has noticed the relevant facts that the plot No. 154 along with other lands was subject matter of a land acquisition proceeding initiated in the year 1988, vide Land Acquisition Case No. 12-5 of 1989-1999. According to the writ petitioner/respondent No. 1 herein the total area of that plot standing in the name of his father and uncle was 2.08 acres but in the Khatiyan, due to error committed by the Survey Authorities it was wrongly 2 shown to be 1.08 acres and hence the award was wrongly prepared only for 1.08 acres. There is no dispute that the award money for 1.08 acres was received by the land-holders in the year 1990. The petitioner raised the aforesaid issue before this Court through a writ petition in the year 2010. He sought to explain the delay on the ground that he was a minor boy and soon after the acquisition his father died. In the writ petition, some letters and objection of the year 1990-1993 have been annexed to show that the error in the award was pointed out to some of the concerned authorities and it was shown with reference to area of the old cadastral survey plot that the area of R.S. Plot No. 154, even according to the map is 2.08 acres and not 1.08 acres for which compensation was paid through award. The Writ Court directed for spot verification of the plot No. 154 which has been coming in possession of the appellants after acquisition. In the counter affidavit filed in this appeal the position is clear that the actual area of plot No. 154 has been found to be 2.08 acres but since in the revisional survey Khatiyan the area was shown to be 1.08 acres, the award was prepared for that only and compensation on that basis has been paid to the land-holders. On behalf of the appellants representing B.I.A.D.A. who are in possession of the concerned land, the main submission advanced is that their 3 possession should not be disturbed over the land which is coming in their peaceful possession since many years and that the remedy of the writ petitioner lies before the authorities under the Land Acquisition Act, 1894 by either moving the Collector or seeking Reference under Section 18 of the Act, if the law permits for the same. But it was fairly pointed out that limitation prescribed for a Reference under Section 18 has expired long back. Now when the factual position is clear that the petitioners or their predecessor had to part with 2.08 acres of land in R.S. plot No. 154 which was acquired in full but they have been paid compensation only for 1.08 acres on account of mistake of Revisional Survey Authorities in recording the area as only 1.08 acres, in our considered view, the authorities of the State of Bihar should not be permitted to take technical defence of limitation in the peculiar facts of this case. If the matter required further adjudication by any Court, we would not have made such observation in respect of limitation but as the facts stand, no adjudication is required and only the compensation which was to be paid in the year 1988-1990 for 2.08 acres has to be paid after deducting the compensation already paid for 1.08 acres. In our considered view, the State of Bihar and the Collector under the Land Acquisition Act have the legal obligation to rectify the mistake and pay the remaining dues of compensation for further area of one (01) acre of R.S. plot No. 154. The compensation 4 will be at the same rate as paid for 1.08 acres without addition of any kind on any ground. If any interest or additional demand is made by the petitioner in that event the State would be at liberty to raise all the objections against such claim including that of limitation. In view of aforesaid discussion, we allow the writ petitioner to approach the Collector, Bhojpur with a copy of this order who shall ensure compliance of this order by ordering for suitable correction in the award and shall also ensure payment of the balance amount to the petitioner within a period of six months. In any case, possession of the appellants over the land in question shall not be disturbed. The order under appeal shall stand modified to that extent. The appeal is disposed of. Mkc/ (Shiva Kirti Singh, J.) (Shivaji Pandey, J.)