IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9355 of 2009 1. Sarwati Devi, wife of Badri @ Badri Paswan, 2. Mulahi Devi, wife of Jagarnath Paswan,both of village Pakri, Plot no. 508, Ps Phulwari Sharif (New Beur), Dist. Patna – Petitioners. Vs. 1. The State of Bihar, 2. The Commissioner cum Secretary, Department of Revenue, Patna. 3. The Commission, Patna Division. 4. The Collector, Patna. 5. The Dist. Land Acquisition Officer, Patna. 6. The Executive Engineer, Gardanibagh Building Construction Division, patna. 7. Bharat Petroleum Corporation Limited through its Territorial Manager – Respondents. 2 7.8.2009 Heard learned counsel for the petitioner, the State counsel and Mr. Madhuresh Prasad representing the Bharat Petroleum Corporation. This writ petition has been filed for a direction to the respondents to release the lands of the petitioners from acquisition as it is not being used for the purpose for which it was acquired i.e. for constructing of an approach road to the Bharat Petroleum Corporation Limited, Pakri, Dist. Patna. According to the pleadings of the petitioners, a land acquisition proceeding was initiated vide case No. 6/1996-97 and an award was prepared. The petitioners were granted partial payment. It is the grievance of the petitioners that while making the payment of value of the land, the value of the construction on the property was not taken into account. In any event it is stated that the entire amount has not been paid to the petitioners although thirteen years have lapsed. It is further submitted that the petitioners are the members of scheduled caste and, therefore, their lands should not have been acquired. 2 The objection raised on behalf of the petitioners in this writ petition at this belated stage cannot be considered by this court. The petitioners had an opportunity under section 5A of the Land Acquisition Act to raise objections with respect to the valuation. However, this court finds that there should be no justification for the delay in making the payment of entire amount due to the petitioners. This court, therefore, directs the Collector, Patna to take that into consideration and requisition the State Government, if necessary, to release the entire award amount so that the same may be paid to the land holder within a reasonable time. For this purpose the petitioners may file a representation before the Collector who should take appropriate steps preferably within six months. This application is dismissed with the aforesaid observations. haque (Sheema Ali Khan, J.)