IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13112 of 2010 BRIGADIER RAMNANDAN PRASAD SINGH, SON OF LATE CHANDRA MANI PRASAD SINGH, RESIDENT OF VILLAGE BABHANGAMA, P.O. PAHSARA BABHANGAMA, P.S. NOWKOTHI VIA MAJHAUL, DISTRICT BEGUSARAI AT PRESENT RESIDING AT HOUSE NO. 9, SECTOR 23, GURGAON, HARYANA. ---------------------------------------------------------------------------------------------------- PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE DISTRICT MAGISTRATE, BEGUSARAI 2. THE SECRETARY, DEPARTMENT OF REVENUE AND LAND REFORMS, GOVERNMENT OF BIHAR, OLD SECRETARIAT, PATNA. 3. THE DISTRICT MAGISTRATE, BEGUSARAI 4. THE DISTRICT LAND ACQUISITION OFFICER, BEGUSARAI 5. THE CHIEF ENGINEER, WATER RESOURCES DEPARTMENT, SAMASTIPUR 6. THE EXECUTIVE ENGINEER, FLOOD CONTROL DIVISION-1, KHAGARIA 7. THE EXECUTIVE ENGINEER, FLOOD CONTROL DIVISION, BARAUNI CAMP, BEGUSARAI, DISTRICT BEGUSARAI 8. THE SUB-DIVISIONAL OFFICER, FLOOD CONTROL AND WATERWAYS SUB- DIVISION, MAJHAUL CAMP BEGUSARAI, DISTRICT BEGUSARAI. ------------------------------------------------------------------------------------------------ RESPONDENTS ********* 5 29.10.2010 This petitioner had earlier moved this Court by filing CWJC No. 1654 of 1997 which was disposed of on 12.10.1998. There was a prayer in the writ application that the lands which have been utilized for building an embankment known as Rosara- Parihara embankment should be acquired by the State Government and the petitioner should be paid the compensation by the State Government. A show cause was filed on behalf of the Secretary, Water Resources (Irrigation) Department. Infact, the Officer concerned was also present in Court. In view of the pleadings of the parties, 2 this Court directed that the respondents State will acquire the lands of the petitioner on which the embankment has already been constructed as well as the lands which have submerged in the river, due to the said construction of the embankment. Several years have elapsed, yet the State Government took no notice of the orders of this Court and took no action to acquire the lands, therefore, the petitioner has filed this writ application for a direction to the State Government to pay the compensation amount. A counter affidavit has been filed on behalf of the State in which it has been stated that the Government does not require the lands specially due to the fact that the lands have submerged in the river. The fact remains that the lands of the petitioner were rendered useless because of the construction of the embankment. The Land Acquisition Officer, Begusarai has taken the stand that he is corresponding with the Executive Engineer, Flood Control Division, Barauni Camp, Begusarai (respondent no. 7) for the purposes of 3 acquiring the lands which had submerged in the river. I, thus, direct that respondent no. 7 should respond to the letters dated 9.5.2005, 5.8.2010 and 22.9.2010 and make available the funds which would be required for the acquisition. The petitioner would be entitled to be paid the rate of compensation at the market price from the date of notification. Apart from which, this Court awards a cost of Rs. 50,000/- to be paid by respondent no. 7’s Department to the petitioner, because of the delay in complying with the order of the Court dated 12.10.1998, as well as for the reason that the petitioner has to face the cost and trouble of moving this Court for the same reliefs time & again. This writ application is disposed of with the aforesaid observations and directions. Sanjay ( Sheema Ali Khan, J.)