IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1626 of 2007 Ganesh Prasad Gupta, son of Janki Prasad Sao, resident of Anand Parisar, Behind Head Post Office, Ward No. 14, Aurangabad - Petitioner. Vs. 1) The State of Bihar, 2) The Under Secretary, Building Construction Department, Bihar, Patna. 3) The Commissioner Home (Jail, Bihar, Patna. 4) The Dist. Magistrate, Aurangabad. 5) The Addl. Collector Land Acquisition, Aurangabad. 6) The Dist. Land Acquisition Officer, Aurangabad – Respondents. 7 17.9.2010 The petitioner has filed this writ petition for a direction to the respondent authorities for payment of compensation in lieu of acquisition of his lands for the purposes of building Aurangabad Jail. Three land acquisition proceedings were initiated for the purpose of acquiring lands for constructing the jail. Land Acquisition Case No. 7/1987-88 was initiated for 7.76 acres of lands. The petitioner’s lands falls within the notices issued under section 4 in Land Acquisition Case No. 7/1987-88. The lands appertaining to Khata no. 295, plot nos. 2708, 2717 and 2716 are the subject matter of dispute. Admittedly these lands are now part of Aurangabad jail. A stand has been taken on behalf of the State that the lands in question are Ghair Mazrua Aam land. It is also said that notices were issued to the raiyats to produce the documents of the raiyati rights and evidence of possession. It is lastly said that the acquisition proceeding came to an end on 16.12.1989. Learned counsel for the petitioner draws this court’s 2 attention to Annexure 5 which is the comments given with respect to the lands in question by the Circle Officer who has reported to the Collector that the name of the petitioner runs in the Jamabandi and that the petitioner has acquired title and possession of the lands by virtue of a settlement made by the ex-landlord. Another document dated 1.6.1990 referred to is contained in Annexure 6 which was sent by the Commissioner, Magadh Division, Gaya to the Additional Collector, Aurangabad indicating that Rs.9,63,110/- has been sanctioned for the purpose of acquisition. After 1.6.1990 it appears that no step has been taken by any of the authority and a stand has been taken in this court that the acquisition proceeding had lapsed. Learned counsel also submits that apart from the plots described above, certain other lands were also acquired by the State Government and the petitioner was paid compensation for the acquisition. It is submitted that the lands for which the petitioner was paid compensation were also lands which were settled by the ex-landlord in favour of the petitioner. Therefore, the stand of the State that since the lands were Ghair Mazrua Aam lands, the petitioner was not entitled for payment of compensation by itself appears to be an incorrect approach to the problem. Considering all the facts stated above, I direct that the Land Acquisition Officer / Collector, Aurangabad may send a requisition for payment of compensation with respect to acquisition made during Land Ceiling Proceeding no. 7/1987088 to the Home Department who is Incharge of jails or to the 3 concerned authorities for grant of deficit fund for payment of compensation. The said requisition should be sent to the concerned department by the Collector, Aurangabad within two months from the date of receipt of a copy of this order. The State Government is bound to grant sanction to the compensation amount not already sanctioned and send the same to the Collector who will, if necessary, re-notify the lands in question under the Act and take steps according to law to make payment of the award amount to the petitioner if he is able to satisfy the Land Acquisition Officer that he has title to the said lands . The entire procedure should be concluded within a period of eight months. This writ petition is disposed of with the aforesaid observations and directions. haque ( Sheema Ali Khan, J.)