IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.262 of 2009 GAJENDRA NARAYAN MISHRA, Son of late Tej Narayan Mishra, resident of Village- Janarh, P.S.- Aurai, District- Muzaffarpur :--- Petitioner. . Versus 1. THE STATE OF BIHAR through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Old Secretariat, Patna. 2. The Deputy Secretary, Revenue and Land Reforms Department (Land Acquisition Directorate), Government of Bihar, Old Secretariat, Patna. 3. The District Magistrate, Muzaffarpur. 4. The Sub-Divisional Officer (East) Muzaffarpur. 5. The Special Land Acquisition Officer, Gandak Yojna, Muzaffarpur. 6. The Circle Officer, Aurai, District- Muzaffarpur. 7. The Revenue Halka Karmachari, Halka No. II, Aurai Anchal, District- Muzaffarpur :-- Respondents. with CWJC No.510 of 2009 BIJAYENDRA NARAYAN MISHRA, Son of late Sri Narayan Mishra, Resident of Village- Janarah, P.S. Aurai, District- Muzaffarpur. :--- Petitioner. Versus 1.THE STATE OF BIHAR through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Old Secretariat, Patna. 2. The Deputy Secretary, Revenue and Land Reforms Department (Land Acquisition Directorate), Government of Bihar, Old Secretariat, Patna. 3. The District Magistrate, Muzaffarpur. 4. The Sub-Divisional Officer (East), Muzaffarpur. 5. The Special Land Acquisition Officer, Gandak Yojna, Muzaffarpur. 6. The Circle Officer, Aurai, District- Muzaffarpur. 7. The Revenue Halka Karmchari, Halka No. II, Aurai Anchal, District- Muzaffarpur :--- Respondents. ----------- 7. 04.12.2009. Heard learned counsel for the petitioners and the State. 2. Petitioners are aggrieved by the acquisition of land for rehabilitation of displaced persons on account of raising of Bagmati embankment. It is submitted on behalf of the petitioners with reference to the letter of the Land Acquisition Officer dated 03.05.2008, as contained in Annexure-5 to the supplementary affidavit that the persons who are said to be displaced on account of raising of the said embankment are not at all displaced persons and such report was submitted by the Land Acquisition Officer under letter dated - 2 - 03.05.2008 and appreciating the said report this Court under orders dated 16.07.2009 called upon the Director, Land Acquisition to file an affidavit considering the report dated 03.05.2008. Having considered the report, the Director, Land Acquisition filed supplementary counter affidavit. In paragraphs 8 and 9 thereof contents of letter dated 03.05.2008 has been explained wherefrom it appears that the embankment was proposed after the area suffered the flood in the year 2007. Long duration of floods persuaded the persons affected to move out of the area. Such fact is also noticed by the Land Acquisition Officer in his report dated 03.05.2008. In order to protect those who still remain displaced on account of the flood of 2007 the present embankment is being raised with provision for lands for resettling those who had moved out of the area in 2007 itself. Counsel for the petitioners, however, submitted that 62 persons are said to be in the unsafe zone out of whom 10 families are from other villages and the others are having pucca construction in the safe zone and there is hardly any construction in the unsafe zone. Such submission is required to be considered by the authorities who are taking steps for land acquisition and not by this Court. I do not see any illegality in the acquisition of lands for rehabilitation of the displaced. 3. The writ applications are, accordingly, dismissed. P.K.P. (V.N.Sinha,J.)