IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15744 of 2011 Braj Bhushan Singh, S/O Late Hargauri Singh, R/O Village- Sakarpura, P.S.- Bakhari, District – Begusarai. . . . Petitioner. Versus 1. The State of Bihar. 2. District Magistrate, Khagaria. 3. Sub-Divisional Officer, Khagaria. 4. Anchal Adhikari, Khagaria. 5. Civil Surgeon-Cum-Chief Medical Officer, Khagaria. 6. Executive Engineer, Building Construction Department, Khagaria Circle, Khagaria. 7. Amit Kumar S/O Not Known, R/O Village and P.O.- Bachauta, P.S.- Khagaria, District- Khagaria. . . . . . Respondents. ---------------------------------- 2/ 24.10.2011 Heard learned counsel for the parties. The petitioner submits that he is Raiyat of the land detailed in paragraph-5 of the writ application, which is quoted herein below:- Mauza Tauzi no. Khata No. Plot no. Total Area. Barai 4933 154 731 1 Bigha Anchal 3 Dhur Khagaria, District Khagaria The petitioner submits that the Ex-land of Bahadurpur-Shakarpura Estate settled the land in favour of the ancestors of the petitioner by a Hukumnama dated 17.11.1944. The ex-land lord granted rent receipts of the same and after vesting of the Jamindari, the Government has also granted rent receipts. The grievance of the petitioner is that the respondents without his consent started construction of a health 2 centre on his Raiyati land. The petitioner made objection to the same and was assured of due compensation for loss of the Raiyati land. The petitioner submits that for some time the construction was stopped and again construction on wider scale has been initiated. The petitioner submits that he has made a detailed representation before the Civil Surgeon, Khagaria as well as District Magistrate, Khagaria. It is well established that no private land can be acquired by the respondents without adopting the due procedure of law. I find that no proceeding for acquiring the land was initiated, which petitioner claims to be his Rayati land. In such circumstances two recourses are left with the Court; Firstly either to stop the construction made on the Raiyati land as the same has been used without resorting to Land Acquisition Proceeding or the consent of the party concerned; the second recourse would be to allow the construction to continue subject to payment of adequate compensation as would have been the case, if a regular Land Acquisition Proceeding was undertaken. The petitioner submits that he does not have objection to the second recourse provided due compensation is paid at the earliest. He submits that he is a small agriculturist and land is his main source of income. In the facts and circumstances of the case, I order as follows: The District Magistrate would cause spot 3 verification to ascertain whether the construction / expansion of Health Sub-Centre in village Barai within Khagaria Block in the district of Khagaria is being made on part of petitioner’s raiyati land. The measurement should be done in presence of petitioner or his representatives. In case, the District Magistrate, Khagaria comes to a conclusion that the construction is made on petitioner’s land then the area on which the construction is being made is to be calculated. The District Magistrate thereafter would proceed to award due compensation to the petitioner towards the price and loss of raiyati land. The whole proceeding should be completed within a period of four months from today. In case fund is required by the District administration, the Government would release required allotment to the District Magistrate, Khagarai within a further period of two months for making payment to the petitioner. In case, if no compensation is paid within six months from the date of receipt of copy of this order by the Collector, Khagaria, the petitioner would be entitled to 6 % interest on the due amount. With the aforesaid direction, this application is allowed to the extent mentioned above. Uday/ (Samarendra Pratap Singh, J.)