IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2773 of 2010 Md. Alamgir, S/o Md. Nasiruddin Biswas, resident of Village- Basantpur, P.S. Amdabad, District- Katihar. …..Petitioner. Versus 1. The State of Bihar. 2. The Commissioner, Purnea. 3. The Collector of the District-Katihar, Katihar. 4. The Deputy Collector, Katihar, District-Katihar. 5. The Sub-Divisional Officer, Katihar, District-Katihar. 6. The Block Development Officer, Amdabad Block,Katihar. 7. The Circle Officer, Amdabad Circle, Katihar. ………Respondents. ---------- For the petitioner :- Mr. Ashok Kumar Singh, Sr. Advocate. Mr. Ataur Rahman, Advocate. For the State :- Mr. Anjani Kumar, A.A.G.10. Mr. Shailendra Kumar Singh, A.C. to A.A.G.10. ----------- 4. 03. 03. 2011. Heard leaned counsel for the petitioner and the learned counsel for the State. This writ petition has been preferred by a Mukhiya, who is resident of Village- Amdabad of Katihar District. His prayer is to command the respondents to extend appropriate relief/help to the people of Amdabad Block who were adversely affected by the floods of the year 2007 and 2008 in rivers Ganga and Mahananda. On behalf of the State a supplementary counter affidavit has been filed along with a letter dated 03.03.2008 annexed as Annexure-E. That circular letter has been issued by the Department of Disaster Management, Government of Bihar to all the District Magistrates of the affected districts including Katihar. Subject of that letter is construction of pucca houses under "Mukhya Mantri Awas Yojna " in place of fully destroyed "kachcha houses" and "jhopri" in different districts on account of flood of 2007. 2 According to the learned counsel for the State Government, District Administration has assessed and determined the number of eligible persons who are entitled to receive benefits under the aforesaid scheme. The number of fully destroyed houses has been disclosed as 155 and that of partially damages houses has been disclosed as 746. On behalf of the petitioner it was submitted that a fresh survey be conducted after giving notice to the peoples representatives like Mukhiya so that eligible persons are not left out. The petitioner also prays that land should be provided at the cost of the State to the persons who are affected by the floods. On going through the materials on record and the scheme contained in Annexure- E, we do not find any provision for providing free land to the flood affected persons. In some cases, like affected houses built on Government land by way of encroachment, there is direction that houses shall not be constructed with Government money on such land and construction will have to wait till under some special project and as per rules, land is made available by the Revenue Department. In Public Interest Litigation, this Court can not direct for creating new rights. Hence, it is directed that if for the affected people of floods of 2007 and 2008, something remains to be given under the scheme of the State Government, steps should be taken by the concerned authorities, particularly, at the level of District Magistrate to ensure that remaining schemes/benefits are made available as per policy framed by the Government. 3 So far, holding fresh survey is concerned, it would not be in Public Interest to order for general re-survey. In case any particular individual was affected due to exclusion, he will be at liberty to approach the District Magistrate for redressal of his individual grievance in accordance with law. With the above observations/directions, the writ petition is disposed of. m.p. ( Shiva Kirti Singh, J.) (Gopal Prasad, J.)