IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7250 of 2010 1. HARSH KUMAR S/O LATE JYOTI PRASAD SINGH R/O MOHALLA- K.M.TANK, P.S.- LAHERIASARAI, DISTT.- DARBHANGA – PETITIONER Versus 1. THE STATE OF BIHAR 2. DEPUTY SECRETARY OF THE GOVERNMENT, DEPARTMENT OF REVENUE & LAND REFORMS, GOVT. OF BIHAR, PATNA 3. COLLECTOR, DARBHANGA 4. ADDITIONAL COLLECTOR, LAND CEILING, DARBHANGA 5. CIRCLE OFFICER, BAHERI, DARBHANGA 6. CIRCLE OFFICER, SINGHWARA, DARBHANGA -- RESPONDENTS For petitioner :- Mr. Baidyanath Thakur, Advocate Mr. Shankar Kumar Thakur, Advocate For the State :- Mr. Lalit Kishore, A.A.G. III ----------- 4 20.7.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. 103.55 acres of land spreading over different Mauza’s in the Baheri and Singhwara district were notified under Section 15(1) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Lands) Act, 1961 (hereinafter referred to as ‘the Act’) which was declared surplus in Ceiling Case No. 6 of 2008-09/29 of 1974-75. The petitioner has not been paid a single farthing by way of compensation and as such he has moved this Court for a direction that the State i.e. the Collector may be directed to pay compensation in lieu of the acquisition. The petitioner moved the Collector for the aforesaid reliefs which were rejected on 1.11.2008 on the ground that the Collector does not have the power to decide whether the petitioner is entitled to interest for delay in the payment of the amount so fixed by the Collector. Apparently after the acquisition notice under Section 2 15(1) of the said Act, none of the procedures as required under Section 23 of the Act were followed by the Collector such as determination of the amount of compensation to be accorded, publication of the notice to the parties concerned, an opportunity of hearing. It does not behold of the State of Bihar to come up with a plea that no compensation or interest would be paid without hearing the petitioner as specified under Section 23 of the Act. In the result, I direct the Collector, Darbhanga respondent no. 3 to take steps under Section 23 and determine the amount of compensation and also to follow all other procedures as provided under Section 23 of the Act. The said exercise should be completed within a period of four months and the payment and the award amount should be made to the petitioner within a period of six months. This application is allowed in the aforesaid terms. Sanjay (Sheema Ali Khan, J.)