IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8667 of 2007 RAM PRATAP PANDIT, SON OF LATE SHIVDHAR PANDIT, RESIDENT OF VILLAGE MUBARAKPUR, P.O. KABILPUR, P.S. KANTI, DISTRICT MUZAFFARPUR ---- PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE COLLECTOR, MUZAFFARPUR 2. THE CIRCLE OFFICER, KANTI, DISTRICT MUZAFFARPUR 3. THE EXECUTIVE ENGINEER, R.E.O., MUZAFFARPUR 4. THE SUB-DIVISIONAL ENGINEER, R.E.O., KANTI, MUZAFFARPUR 5. DISTRICT LAND ACQUISITION OFFICER, MUZAFFARPUR ---- RESPONDENTS ----------- 14 30.7.2010 The petitioner has moved this Court challenging the actions of the Revenue Authorities and the Executive Engineer, Rural Engineering Organization by which they have constructed a bridge under the Rashtriya Shram Vikash Yojna for village Mubarakpur costing about 69,24,000/- and odd on part of Survey Plot Nos. 131 and 132 appertaining to Khata No. 141 in the district of Muzaffarpur. After the writ was filed then the Executive Engineer, R.E.O. conducted a measurement and it is said that a part of about 4 decimal of the petitioner’s raiyati land has been utilized in the construction of the bridge. There is a specific statement at paragraph 5 of the counter affidavit filed on behalf of the Collector that the Executive Engineer, R.E.O. has started the process of acquisition for that part of the petitioner’s land over which the bridge has been constructed by his department/office. It has also been categorically stated that the petitioner would be paid due compensation in the Land Acquisition Proceeding. The petitioner is at liberty to approach the acquisition authorities and raise objections if any, in accordance with the Act, with respect to the amount of compensation to be granted to him. 2 Since it is submitted on behalf of the petitioner that this acquisition proceeding involves only the land of the petitioner, there is no reason why the matter should be delayed if the Land Acquisition Officer and the petitioner co-operate with each other. The State and the Rural Engineering Organization is directed to pay litigation cost and compensation amount of Rs. 50,000/- in lieu of the fact that they have proceeded with construction of the bridge without following the legal procedures as laid down by the State Government. The State being a welfare State cannot act in an arbitrary manner and put citizens to harassment. This writ application is disposed of with the aforesaid observations and directions. Sanjay (Sheema Ali Khan, J.)