IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7238 of 2009 KAMAL DEO SINGH Versus THE STATE OF BIHAR & ORS ----------- 3 14.10.2009. Heard learned counsel for the parties. The petitioner prays for direction to the respondents to make adequate payment of compensation for damages to crops and damage of land detailed in para 4 of the writ petition under new rate acquired Flood Control Department, Begusarai. Petitioner states that respondents not only excavated earth from his land but also damaged crops standing in the field. He has filed annexure 3 which is a letter dated 23.5.2005 which relates to estimated price in respect of sale and purchase of land. A counter affidavit has been filed on behalf of the State. In para 4 it has been stated that during construction of Gupta Embankment in Flood Control Division, Begusarai, earth from the adjoining areas were required. A total 1.33 acre of land of the petitioner along with 103 persons was used for cutting the earth for the purpose of constructing the Gupta Embankment. After cutting some earth all the land were set free to land owners. All the 103 persons, except the petitioner have been duly paid the amount of compensation for the land and crops. The petitioner refused to accept the compensation amount of Rs. 6,955/- only offered by the respondents claiming that he should get compensation at the higher rate specified in annexure 3. It appears from annexure A to the counter affidavit that rate - 2 - fixed in the year 1988 is still used for payment of compensation for damages to crops. After hearing the parties, this Court finds that the action of respondents is not arbitrary as they have offered payment of compensation on the basis of general rate of valuation fixed in respect of damages to crops and extraction of earth, which are contained in annexures A and C to the counter affidavit. In the circumstances, if the petitioner makes application for payment of compensation, the aforesaid amount should be paid to him without any delay, preferably with two months from the date of making of application, otherwise respondents would be liable to pay interest at the rate of nine percent simple interest. In case, old rates have been revised, the petitioner would be entitled to compensation for crops on the basis of revised rates. However, if the same has not been revised, authorities would take steps for revising the rates of damages to crops, as prices of labour, fertilizers, seeds and other inputs have substantially increased since 1988. The writ petition stands disposed of with aforesaid observations and directions. Shashi. (Samarendra Pratap Singh,J).