IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4700 of 2010 1. YAMUNA PRASAD SINHA, SON OF LATE LAKSHMAN RAM. 2. TARINI PRASAD RAM @ TARINI RAM, SON OF MUNSHI RAM. 3. GANGA PRASAD RAM, SON OF LATE BENGALI RAM. 4. KAILASHNI DEVI @ KAILASANI DEVI, WIDOW OF LATE RAMASHISH RAM. 5. BIRENDRA KUMAR SINHA @ BIRENDRA KUMAR SINGH, SON OF DEVI DAYAL SINGH. 6. PRABHAWATI DEVI, WIFE OF BHOLA PRASAD RAM. 7. MUKTI RAM, SON OF SHIV CHARAN RAM. 8. MOST. MUNDRIKA DEVI, WIDOW OF LATE LAXMI RAM. 9. SULATA DEVI, WIFE OF NATHU RAI. 10. BAIKUNTH RAM, SON OF LATE SALDEO RAM. 11. NILESH KUMAR SINHA, SON OF BADRI RAM. 12. JAGANNATH PRASAD SINHA, SON OF LATE YAMUNA PRASAD RAM. 13. BAIDYANATH PRASAD RAM @ BAIJ NATH SINHA, SON OF LATE YAMUNA PRASAD RAM. 14. MANI RAM, SON OF LATE NATHU RAM. 15. SHANKAR RAM @ SHANKAR PD. RAM., SON OF LATE NATHU RAM. ALL RESIDENTS OF VILLAGE- AKABARPUR, P.S. KAHALGAON, DISTRICT- BHAGALPUR. 16. GANGA PRASAD RAM, SON OF LATE SITARAM RAM, RESIDENT OF HARCHANDPUR, P.S. KAHALGAON, DISTRICT- BHAGALPUR :--- PETITIONERS. Versus 1. THE STATE OF BIHAR 2. DEPUTY SECRETARY, PUBLIC GRIEVANCE CELL, WATER RESOURCES DEPARTMENT, PATNA. 3. CHIEF ENGINEER, PLANNING & MONITORING, WATER RESOURCES DEPARTMENT, PATNA. 4. EXECUTIVE ENGINEER, PLANNING & MONITORING, WATER RESOURCES DEPARTMENT, PATNA. 5. CHIEF ENGINEER, WATER RESOURCES DEPARTMENT, BHAGALPUR. 6. EXECUTIVE ENGINEER, GANGA PUMP CANAL DIVISION NO.2, BATESHWARSTHAN, KAHALGAON (CAMP) SHIV NARAYANPUR, DISTRICT- BHAGALPUR. 7. COLLECTOR, BHAGALPUR. 8. SPECIAL LAND ACQUISITION OFFICER, MEDIUM IRRIGATION PROJECT, BHAGALPUR :--- RESPONDENTS. ----------- 2. 19.03.2010. Heard learned counsel for the petitioners and the State who is praying for time to seek instruction in the matter but as the facts of the case are very much evident from the impugned order itself such request for grant of time is refused and the case is taken up for hearing. 2. Petitioners, whose land was acquired for Medium Irrigation Project in the district of Bhagalpur vide Land Acquisition Case No. 17/1988-89 - 2 - have filed this writ application questioning the correctness and validity of the order dated 10.11.2009, Annexure-8, whereunder their request for reference under Section 18 of the Land Acquisition Act (hereinafter referred to as the “Act”) made before the Land Acquisition Judge has been refused by the Special Land Acquisition Officer under orders dated 11.11.2009 holding that the request for the reference was not filed within six weeks of the date of receipt of the notice under Section 12(2) of the Act and thereby the request is barred by Sub-Clause (b) of Sub-Section (2) of Section 18 of the Act. From the order impugned itself it appears that although the award was made on 18.07.1992 and notice under Section 12(2) of the Act was issued and served on the petitioners on 26.12.2007 whereafter the petitioners filed their request for reference on 20.2.2009 which was rejected holding that the request for reference was not filed within six weeks as is required under Sub-Section 2(b) of Section 18 of the Act. In this connection, it is pointed out that after service of notice under Section 12(2) of the Act on 26.12.2007 petitioners had requested the Chief Engineer, Water Resources Department, Bhagalpur under their representation dated 8.1.2008, Annexure-3 to shift the alignment of the irrigation project and to release the land of the petitioners which was enquired into by the Executive Engineer who submitted his report dated 30.5.2008 to the Chief Engineer, Water Resources Department, Bhagalpur, Annexure-4 and then the recommendation of the Chief Engineer, Bhagalpur was forwarded to the Chief Engineer, Planning and Monitoring, Water Resources Department, Patna and the matter remained under consideration of the State Government which fact was also communicated to one of the land holder Sri Kuldeep Ram under Letter No. 505 dated 11.8.2008, Annexure-6 and as the request of the petitioners and Kuldeep Ram and others for changing the alignment of the irrigation project remained under consideration of the Government the - 3 - petitioners did not take the compensation amount in the light of the notice dated 26.12.2007 until they were served with the notice bearing Memo No. 1341 dated 3.12.2008, Annexure-7 series calling upon them to receive the compensation amount by 23.12.2008 failing which the compensation amount shall be deposited in the treasury. In compliance of the notice dated 3.12.2008 the petitioners accepted the compensation amount on 23.12.2008 under protest and filed representations for making reference under Section 18 of the Act within six weeks from 23.12.2008. 3. Having heard counsel for the petitioner and the State and having perused the impugned order it is evident that the Special Land Acquisition Officer while passing the impugned order rejected the request of the petitioners for making reference on the ground that they have not filed the request for reference within six weeks of the service of notice 26.12.2007 but while doing so he ignored notice dated 3.12.2008 whereunder the Special Land Acquisition Officer himself extended the date for receiving the payment until 23.12.2008. Accordingly, I set aside the impugned order dated 11.11.2009, annexure-8 refusing to make reference in Land Acquisition Case No. 17/1988-89 and direct the Special Land Acquisition Officer, Medium Irrigation Project, Bhagalpur to make reference under Section 18 in the light of the request contained in the representation of the petitioners referred to in the impugned order as early as possible in any case within three months from the date of receipt of the order. 4. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)