(Annexure -3) wrote to the District Magistrate, West Champaran, requesting his report on the ownership and title of the land in question as according to him, the payment of compensation was possible only after the same. But even then no action was taken by the respondents for the grant of compensation and for granting other consequential benefits. Learned counsel further submitted that the petitioner came to know that on 23.01.2020 the Executive Engineer Flood Control, Patna High Court CWJC No.7291 of 2021 dt. 27-11-2025 4/11 Bagaha, took up the matter regarding the claim of the petitioner and wrote to the DM, West Champaran, for the payment of compensation, etc. to the petitioner and other raiyats as well as for his approval. Then the Executive Engineer Flood Control, Bagaha, wrote on 14.02.2020 (Annexure -5) for the constitution of a six member committee for the inspection of the place but even then, no action was taken and the income for the purpose of petitioner's livelihood has been seriously affected and he is also facing a housing problem as his residential land has been acquired. Learned counsel further submitted that initially a committee of six men was constituted from the members of Bagaha Administration and Flood Control Division, Bagaha, and the said committee in its report described the nature of the petitioner's land as dhanhar (agriculture, paddy growing) while the nature of the petitioner's land is residential and in this regard, sufficient photographs pertaining to his land as well as the area adjoining his land, have been filed with the petition.

4. While on the other hand, learned counsel for the State-respondents submitted that the petitioner had given his written consent for acquisition of his land situated in Awasani village pertaining to Khata No. 115, Plot No. 1 and also in respect of the land situated in village - Mangalpur, pertaining to Patna High Court CWJC No.7291 of 2021 dt. 27-11-2025 5/11 Khata No. 160, Khesra No. 54 and the copies of the consent letters have been filed with the counter affidavit filed by the State-respondent Nos. 1 to 7 (Annexure- 'A'). The Executive Engineer of the erstwhile Champaran Division, Motihari, made payment of Rs. 10,43,06,040/- to the Special Land Acquisition Officer, Gandak Project, Muzaffarpur vide letter No. 22 dated 09.06.2016 for acquisition of 13.17 acre land in different villages over which the boulder pitching work had been executed in the financial years 2012-13 and 2016-17. Since the lands were to be acquired under the Bihar Raiyati Land Lease Policy, 2014, the Special Land Acquisition Officer requested the Collector, West Champaran, vide letter No. 1518-1522 dated 14.10.2017 to make available the report with regard to the title and nature of the land under acquisition, for which a reminder was also sent and the said report was made available by the office of the Collector vide letter No. 623 dated 20.10.2018. Learned counsel further submitted that the acquisition proceeding was not initiated by the Special Land Acquisition Officer as the State Government took a policy decision to dissolve such offices which were established under the Directorate of Land Acquisition and Rehabilitation, Water Resources Department, Bihar, and accordingly, the said offices Patna High Court CWJC No.7291 of 2021 dt. 27-11-2025 6/11 were dissolved with effect from 01.10.2019. Thereafter, the compensation amount was deposited in the Government Treasury, and the records were transferred to the Flood Control Division, Bagaha. Thereafter, the Executive Engineer, Flood Control Division, Bagaha, requested the Sub-Divisional Officer, Bagaha, vide letter No. 111 dated 14.02.2020 to constitute a six- member committee in the light of the Revenue Department's letter No. 1287 dated 03.10.2017 to ascertain the nature of the lands under acquisition. In turn, the Sub-Divisional Officer constituted the committee and fixed the date for local inspection on 06.03.2020. Pursuant to that order, the six-member committee made local inspection on 06.03.2020 and submitted the inspection report on the same day determining the nature of the lands under acquisition and it appears from the said report that the lands of the petitioner have been reported to be agricultural and the inspection report of the committee has been filed with the counter affidavit filed on behalf of the State- respondent Nos. 1 to 7 as Annexure- 'C'. Thereafter, the Executive Engineer, Flood Control Division, Bagaha, requested the Sub Registrar, Bagaha, vide letter No. 468 dated 18.07.2020, as detailed in paragraph No. 9 of the counter affidavit, to make available the up-to-date Minimum Value Rate (MVR) of the Patna High Court CWJC No.7291 of 2021 dt. 27-11-2025 7/11 lands of the different villages which were to be acquired. The Sub Registrar, Bagaha, then made available the required report on 05.02.2021. On that basis, the Executive Engineer, Flood Control Division, Bagaha, prepared an estimation of Rs. 29,52,000/- for payment of compensation to the land owners of village Awasani, and another estimate of Rs. 1,06,69,600/- was prepared for the land owners of village Mangalpur. Thereafter, the Chief Engineer, Flood Control and Drainage, Water Resources Department, Muzaffarpur, accorded technical approval of the same and forwarded it to the Water Resources Department, Bihar, Patna, vide letter No. 1768 dated 08.08.2021 (Annexure -'E' to the counter affidavit) for allocation of fund to the Executive Engineer and the required fund was made available to the Executive Engineer vide departmental letter Nos. 92 and 93 dated 07.02.2022 (Annexure-'F' to the counter affidavit). Now, the necessary steps are being taken for the payment of compensation to the petitioner and other landowners of villages Awasani and Mangalpur. Learned counsel lastly submitted that in compliance of this Court's direction, a fresh committee headed by the Superintending Engineer, Flood Control Division, Muzaffarpur, and others, as detailed in paragraph No. 4 of the counter affidavit filed on behalf of the Patna High Court CWJC No.7291 of 2021 dt. 27-11-2025 8/11 District Magistrate, West Champaran at Bettiah (respondent No.

8), was constituted, to visit and inspect the site in the presence of the affected persons, including the petitioner. A communication through letter was made to the petitioner and other beneficiaries about the formation of the committee as well as the date and time of inspection of the site and the petitioner has even acknowledged the receipt of the said letter, mentioning in his writing "received on dated 30.03.2024" (Annexure -R/3). Finally, on 06.04.2024, the inspection was conducted by the committee in the presence of the petitioner and other beneficiaries and at the time of inspection, videography and photography of the inspection was also done and accordingly, the report (Annexure-R/6) was prepared and signed by all the members of the committee and the same was approved by the Collector, West Champaran, Bettiah, on 13.04.2024 and in this regard, Spot Inspection Report of the committee with the photographs and videos (in a pendrive), have been filed with the counter affidavit filed by the respondent No. 8 and according to the said spot inspection report, the nature of the petitioner's land situated in Mauza Awasani, has been declared as agricultural and the same nature has also been declared in respect of the petitioner's other land situated in Mauza Mangalpur and the Patna High Court CWJC No.7291 of 2021 dt. 27-11-2025 9/11 committee found that 40 decimals land of the petitioner situated in Mauza Mangalpur is mentioned in the Khatiyan as Dhanhar Quila -1 and the land is agricultural in nature and the petitioner's other land measuring 14 decimals situated in Mauza Awasani, is mentioned in the Khatiyan as Kharaul and the said land is also agricultural in nature.

5. Heard both the sides and perused the pleadings of both the sides. It is an admitted position that the petitioner's lands have been acquired for the purpose of boulder pitching and the same took place in the year 2017 after the petitioner gave his consent for the acquisition, by way of his consent letters (Annexure -A to the counter affidavit filed on behalf of the respondent Nos. 1 to 7). It is also an admitted position that the petitioner has not received any compensation till date in respect of his lands which have been acquired. Though the State-respondents have given the details of several procedural steps having been taken for deciding compensation as well as the nature of the acquired lands by setting up necessary committee, however, an unreasonable inordinate delay has taken place in deciding and granting the compensation to the petitioner. As far as the nature of the petitioner's lands is concerned, his lands have been inspected at the direction of this Patna High Court CWJC No.7291 of 2021 dt. 27-11-2025 10/11 Court by a six-member committee, which has given its report (Annexure-'R/6'), detailed in the counter affidavit filed on behalf of the District Magistrate, West Champaran at Bettiah, (respondent No. 8) and previously another committee had also given its report with regard to the nature of the acquired lands. The details of the procedure adopted for ascertaining the nature of the petitioner's lands by the newly constituted committee has been given in the counter affidavit dated 26.04.2024 submitted by the District Magistrate-cum-Collector, West Champaran, which has been explained by the respondents' counsel. This Court finds no reason to disbelieve the conclusion of the said committee with regard to the nature of the petitioner's lands. But it is not the case of the State-respondents that the petitioner did not receive the compensation despite the respondents' attempts and the procedural steps taken for getting the compensation amount as well as for deciding the quantum and its sanction, as detailed in the counter affidavit, can not be deemed to be a reasonable reason to justify the said inordinate delay in awarding the compensation to the petitioner. So, considering all these facts, the State-respondents are directed to decide the compensation in respect of the petitioner's lands in the next two months from the date of this order and provide the Patna High Court CWJC No.7291 of 2021 dt. 27-11-2025 11/11 same to the petitioner and others who are entitled, as per the provisions of law. The Petitioner and others, who are entitled to get the said compensation, shall be given the interest as per the provisions of prevailing law for the period from the date of acquisition till the date of this order. If the State-respondents fail to give compensation to the petitioner and others beneficiaries, in respect to the lands in question, within the above fixed period, then the petitioner and other beneficiaries will be entitled to get the above mentioned interest at double rate from the concerned State-respondents on the compensation amount till the date of its payment, which will be recoverable from the erring officers by the concerned department. It is clarified that the petitioner and other beneficiaries, will have a right to challenge the award, which is to be yet prepared, as per the provisions of law.

(Shailendra Singh, J) annu/-