IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9770 of 2010 1. UMESH KUMAR MANDAL, S/O SRI BHOLA MANDAL, R/O VILLAGE GORGAMA,P.S. PHULPARAS,DISTRICT- MADHUBANI …… PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY , DEPARTMENT OF WATER RESOURCES,SINCHAI BHAWAN,PATNA. 2. THE SECRETARY, DEPARTMENT OF WATER RESOURCES,GOVT. OF BIHAR,SINCHAI BHAWAN,PATNA. 3. THE ENGINEER IN CHIEF, WATER RESOURCES DEPARTMENT,GOVT. OF BIHAR,SINCHAI BHAWAN,PATNA. 4. THE CHIEF ENGINEER, null WATER RESOURCES DEPARTMENT,GOVT. OF BIHAR,SINCHAI BHAWAN,SAMASTIPUR. 5. THE SUPERINTENDING ENGINEER, null WATER RESOURCES DEPARTMENT,GOVT. OF BIHAR,SINCHAI BHAWAN,DARBHANGA. 6. THE EXECUTIVE ENGINEER, FLOOD CONTROL DIVISION NO. 1, JHANJHARPUR, DISTRICT- MADHUBANI. ….. RESPONDENTS ----------- 10 27.01.2011 Heard the parties. The main prayer of the petitioner was to direct the respondent authorities to implement the decision to construct a ring-bandh for the safety of Gorgama and Phulparas village to protect them from menace of flood. After noticing the contention of the parties, by our order dated 11.01.2011 we requested the learned State counsel to obtain instructions only in respect to prayer for ring-bandh. From the contents of counter affidavit filed on behalf of respondent no. 3, it appears 2 that the railway authorities have no objection to the construction of the ring-bandh and in paragraph 5, it has been stated that the respondents are ready to construct the said ring-bandh for the safety of the two villages. After completion of necessary formalities the construction will be completed. We are in agreement with the submission advanced by learned counsel for the petitioner that in view of positive decision of the authorities, all steps should be taken so that after acquisition the ring-bandh may be constructed before the rainy season to protect the authorities from the flood menace. Learned counsel for the State has submitted that the land acquisition proceedings are likely to take few months. We direct the authorities to adopt emergency acquisition provisions so as to avoid delay in acquisition of the concerned land for construction of ring-bandh. It has further been submitted by the learned counsel for the State that the cost and methodology for construction of the bandh will be from the resources of Mahatma Gandhi NREGA Scheme. Since the ring-bandh is for protection of life and property of 3 the concerned villagers, it is expected that State shall take all reasonable steps to ensure that even under the said scheme work is completed before the rainy season. It goes without saying that the preferred time period for completion of the project as indicated above will largely depend upon the cooperation of the concerned villagers and they must give due cooperation in completing the land acquisition proceeding and handover possession to the concerned land under the emergency provisions without any delay. Spd/- (Shiva Kirti Singh, J.) ( Dr. Ravi Ranjan, J.)