IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2469 of 2007 1. RAMASHISH RAI, SON OF LATE UTTAM RAI 2. DIWAKAR RAI, SON OF LATE JADU RAI 3. SHIVDANI RAI, SON OF LATE PRIYAVRAT RAI ALL RESIDENTS OF VILLAGE CHATRA TOLA MANSI, P.S. MUFASSIL, KHAGARIA, DISTRICT KHAGARIA. ----- PETITIONERS Versus 1. THE STATE OF BIHAR 2. THE DEPUTY SECRETARY, DEPARTMENT OF REVENUE AND LAND REFORMS (LAND ACQUISITION DIRECTORATE) OLD SECRETARIAT, BIHAR, PATNA 3. THE DISTRICT MAGISTRATE, KHAGARIA. 4. THE LAND ACQUISITION OFFICER, KHAGARIA 5. THE SPECIAL SECRETARY, INDUSTRY DEPARTMENT, BIHAR, PATNA. ----- RESPONDENTS ----------- 3 30.7.2010 This writ application has been filed challenging the Land Acquisition Notification No. 24 dated 8.1.2007 by which there is a proposal to acquire the land for the purposes of laying down a link road from the P.W.D. road to the proposed Project Growth Centre under the emergency provisions. It has been stated that there is no necessity or urgency for acquiring the land and that the land of Khesra No. 401 within Khutia Mauza would be cheaper and nearer to the Growth Centre. It has also been stated that the inhabitants of Chatia Tola in Mansi Mauza has moved this Court against the acquisition of their lands for the Growth Centre aforesaid, which had been stayed. The complaint of the petitioners is that their lands were acquired firstly in 1962 in Land Acquisition Case No. 9 of 1962 for laying down Pipeline of Barauni Oil Refinery. Again lands of the petitioners were acquired vide Land Acquisition Case No. 34 of 1963- 64 diverting the rail line in between Khagaria and Mansi Railway Station as also vide Land Acquisition Case No. 6 of 1971-72 for diverting National Highway 31 because of erosion of the river Ganga. 2 It is submitted that the petitioners have been reduced to marginal farmers along with others because of these acquisitions. A counter affidavit has been filed stating therein that the land has been acquired in the district of Khagaria for establishing Industrial Growth Centre. It has also accepted that the writ application numbered as CWJC No. 5973 of 1988 was filed in which there was a stay order. This writ application has been dismissed on 21.11.2008 and as such the petitioners cannot get any advantage from the stay granted in the earlier writ application. It has been stated that all the lands have been acquired for public purposes and it is not that the State is deliberately targeting the lands of the petitioners for acquisition. Under these circumstances, this Court cannot interfere with the acquisition proceedings. The petitioners are at liberty to raise whatever legal objections before the authorities at the appropriate stage of the Land Acquisition Proceeding if it is not concluded as yet. In the result, this application is dismissed. haque (Sheema Ali Khan, J.)