ASHOK KUMAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition has been preferred with the prayer to quash the letter dated 27.11.99 (Annexure 1), from the Superintending Engineer, Planning & Monitoring Circle II, Department of Water Resources, Patna (Respondent no. 6), to the Chief Engineer, Department of Water Resources, Darbhanga (respondent no. 2), to take steps to resume the construction work of the Dumariyahi Sub -distributory Canai (hereinafter referred to as the Sub -Canal) as per the approved map, and to take steps for removal of the tank on the line treating the same to be an encroachment. The further prayer is to quash the consequential letter dated 3.2.2000 (Annexure 2), from the Executive Engineer, West Kosi Canal Division, Jhanjharpur (respondent no. 4), to the petitioner to remove the encroachment.

(2.) THE dispute in this case relates to Plot No. 1676, and Plot No. 1677, appertaining to Khata No. 128, of village Navnagar, which are side by side and cover a total area of about 2 bighas, 6 kathas, and 19 dhurs. A portion of the same (about 37 decimals) has been acquired for construction of the sub -canal. The plots are owned and possessed by the petitioner, except the said 37 decimals which is the subject matter of the present writ petition and has been acquired under the provisions of the Land Acquisition Act, 1894 (hereinafter referred to as the Act). According to the petitioner, a rank exists in the two plots a portion of which is included in the said 37 decimals.

(3.) IN order to harness the Kosi river and/or its tributaries, the Govt. of Bihar prepared a scheme to construct a network of canal and sub -distributory canals, and the sub -canal in. question is one arm of the same. It was well before 1986 that steps were taKen to prepare the blue -print of the canal and the net -work. In so far as the sub -canal is concerned, it appears that the concerned department of the State Government prepared a particular alignment and route which was finally approved by the appropriate authorities. The same is indicated in the sketch map marked Annexure 8 to the writ petition. The petitioner objects to the alignment because his land and the tank seems to be falling on the way. Hence the writ petition. After the alignment was approved by the authorities, Department of Water Resources (which is represented by respondent nos. 1 to 6), sent requisition for acquisition of lands to respondent no. 7 (the Special Land Acquisition Officer), Sakri, vide letter no. 208, dated 20.2.1986, from respondent no. 4 (Executive Engineer, West Kosi Canal Division, Jhanjharpur). Respondent no. 7 took steps for acquisition of land and issued notice dt. 7.1.87 under Section