IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.4219 OF 2009 1. MUKESH KUMAR, SON OF YOGENDRA SAH 2. BINDESHWAR SAH, SON OF LATE RAMASHISH SAH BOTH RESIDENT OF VILLAGE GOPALPUR CHANDWARA, P.O. CHANDWARA, P.S. AND ANCHAL AURAI, DISTRICT MUZAFFARPUR …………………………………………………………………………..PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. THE COMMISSIONER –CUM- SECRETARY, REVENUE AND LAND REFORMS DEPARTMENT, LAND ACQUISITION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. THE DEPUTY SECRETARY, REVENUE AND LAND REFORMS DEPARTMENT, LAND ACQUISITION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 4. THE DIRECTOR, REVENUE AND LAND REFORMS DEPARTMENT, LAND ACQUISITION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 5. THE DISTRICT MAGISTRATE –CUM- COLLECTOR, MUZAFFARPUR 6. THE SUB DIVISIONAL OFFICER, MUZAFFAPUR (EAST) DISTRICT 7. THE BLOCK DEVELOPMENT OFFICER, AURAI, POLICE STATION AND ANCHAL AURAI, DISTRICT MUZAFFARPUR 8. THE SPECIAL DISTRICT LAND ACQUISITION OFFICER, MUZAFFARPUR ………………………………………………………………………RESPONDENTS ********** 2 13/08/2010 The petitioners are from the village Gopalpur Chandwara in the district of Muzaffarpur. They are aggrieved by the notice under Section 4 of the Land Acquisition Act purportedly issued to acquire lands as mentioned in the notice for the purposes of rehabilitation of people who have been displaced by the embankment of the River Bagmati. The case of the petitioners is that the villagers of Jeewajor have got their lands in the adjoining village of Gopalpur just outside the embankment area and as such they have constructed their houses on their own land, 2 apart from which it is said that the Government already has vacant land available in village Gopalpur @ Chandwara situated in Gram Panchayat Dharharwa which is at the distance of 1½ kms. from village Jeewajor. This aspect of the matter cannot be enquired into or looked into by this Court. The petitioners would have the remedy of filing their objections under Section 5 of the Act before the Collector. The Collector will dispose of the objections in accordance with law. This application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J. )