IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3872 of 2009 1. KRISHNA DEVI WIDOW OF LATE VYAS NARAIN SINGH 2. ANIL PRASAD SINGH SON OF LATE SIVNANDAN PRASAD SINGH 3. TARNI PRASAD SINGH SON OF LATE BASUDEO PRASAD SINGH 4. SUDHIR ROY 5. DHARNI DHAR ROY 6. SHIVA KUMAR ROY SL. NO. 4 TO 6 ARE SONS OF LATE BALESHWAR ROY AND REPRESENTED THROUGH SRI UDAY SHANKAR SHARAN SINGH, HOLDER OF POWER OF ATTORNEY DATED 30.12.03 7. NAGESHWAR ROY SON OF LATE SHILAJEET ROY ALL RESIDENTS OF VILLAGE AND P.S.-RAJAULI, DISTRICT- NAWADA ….. PETITIONERS Versus 1. THE STATE OF BIHAR 2. COLLECTOR, NAWADA 3. DIRECTOR, LAND ACQUISITION, DEPARTMENT OF IRRIGATION, GOVERNMENT OF BIHAR, PATNA 4. SPECIAL LAND ACQUISITION OFFICER, FLOOD CONTROL DIVISION, ANISHABAD, PATNA ….. RESPONDENTS ----------- 04 16.7.2009 The petitioners are aggrieved by the fact that although their lands were acquired for the construction of Phulwaria Dam. They have not been paid the entire compensation. Two facts are relevant in the case. Firstly, the petitioners contend that although the lands were acquired in 1981 and thereafter the Phulwaria Dam was constructed, it was not until 1991, 1992 and 1993 that the notification under Section 4(1) was issued with respect to some portion of the land. The petitioners till today have not been paid 2 compensation for these lands. Although, more than a decade has elapsed since the notification and two decades since the actual acquisition. The second grievance of the petitioner is that some of the lands which were acquired have not even been notified under the Land Acquisition Act. The petitioner filed an application before the Collector and an enquiry dated 2.7.1983 was made, which indicates that lands appertaining to Plot Nos. 100, 102, 103, 104, 112, 115, and 145 were in possession of the petitioners through the ex- landlord and their names are recorded in the revenue records. Moreover, enquiry by the Halka Karamchari also indicates that the petitioners have been granted rent receipts up till date. The claim of the petitioners is that the aforesaid lands should be notified and thereafter an award prepared for payment to the petitioners. On 15.4.2009 and 23.6.2009 the Director Land Acquisition Department, Patna and Special Land Acquisition Officer, Patna was directed to file an affidavit in this case and the Secretary of the Land Acquisition Department was requested by this Court to direct its Officer to file affidavit within time. However, no affidavit has been filed, despite time 3 granted by this Court. In the circumstances, this Court directs that the Collector of the District should prepare the award with respect to the lands notified in the year 1991, 1992 and 1993 and make payment to the petitioners within a period of four months from the date of receipt/production of this order. It is further directed, that the petitioners lands described above which have not yet been notified under Section 4(1) should be notified immediately on receipt of the copy of this order and the Collector, Nawada should take steps to prepare the award for the land after they are notified within a period of six weeks. After the notification under Section 4(1) is issued further to prepare the award within two months thereafter. It is expected that the petitioner should will be paid the award amount as expeditiously as possible and preferably within a period of three months after the preparation of the award. This writ application is allowed and disposed of with the aforesaid directions and observations. P.K. (Sheema Ali Khan, J.)