IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.882 of 2011 Sk.Doman Ali @ Kamrul Hoda, Son of Late Akinullah, R/o-Vill. & P.O.- Siktiya, P.S.-Azam Nagar, District-Katihar. –Petitioner. VERSUS 1. The State of Bihar. 2. The Commissioner & Secretary, Land Acquisition and Rehabilitation, Water Resources Department, Government of Bihar, Patna. 3. The Special Land Acquisition Officer, Kosi Project at Saharsa. 4. The Collector, Katihar. 5. The Executive Engineer, Flood Control Division, Salmari, District-Katihar. 6. The Sub Divisional Officer, Flood Control Sub Division, Labha, District- Katihar. –Respondents. ----------- 06 22.06.2011 The petitioner had land at Mauza Baliatha, Block Azam Nagar in the district of Katihar pertaining to Thana No.191, Khata No.92, Khesra No.331 (Part) and 342 (Part). It appears that in relation to flood prevention programme the land was sought to be acquired. The Water Resources Department sent a requisition to the District Land Acquisition Officer, Katihar. The District Land Acquisition Officer informed the concerned authority of the amount of compensation and asked them to deposit the same before the steps for acquisition could be initiated. As was then usual in this State, the money was not deposited by the Water Resources Department but in a brazen manner petitioner’s land was acquired and occupied without even initiation of a land acquisition proceedings. This is not in dispute. This was done on 31.03.2002 since then for last 9 years the petitioner is running from pillar to post for just equitable compensation for his deprivation of 1.22 acres of land which has already been used to make a water channel. Upon this writ petition being filed claiming payment of compensation, Mr. Gautam Bose, learned AAG-VIII took a very fair - 2 - stand. Upon instructions, he clearly submitted that payment was due and filed a counter affidavit bringing on record that with interest at rate of 15% per annum from the time of take over of the land up to March, 2011 the amount payable to the petitioner was Rs.1,74,798/- and the matter was now pending before the Engineer-in-Chief for release of funds. In view of this, there is hardly any dispute left. It cannot be doubted that notwithstanding in a brazen manner petitioner’s land was unauthorisedly encroached upon by the State, the petitioner is entitled to compensation. The compensation along with interest at the rate of 15% per annum from the time it was due has been calculated, as noted above. This Court is not adjudicating upon the correctness of the calculation as calculated. It will be open to the petitioner to challenge the same if it is not in accordance with the principles as laid down under the Land Acquisition Act and the Government decisions in that regard before the Executive Engineer, Water Resources Department, Purnea from where ultimately he would receive the payment, which payment he would receive without prejudice of this order. In view of the fact that payment to the extent of Rs.1,74,798/- is due, I direct that the same shall be paid to the petitioner within four weeks from today. The sole responsibility whereof would be of Engineer-in-Chief, Government of Bihar, Patna. If the same is not paid within four weeks from today, the same would be payable along with interest at the rate of 18% on the principal - 3 - payable from the time it was due till the time it is paid. In other words, it will be payable at the enhanced rate of interest 18% per annum and would be realizable from the person who has occasioned the delay in payment. With this observations and directions, the writ petition is disposed of. Trivedi/ (Navaniti Prasad Singh, J.)