GHANSHYAM SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The instant writ petition has been filed by the petitioner under Article 226 of the Constitution of India seeking the following reliefs :

(2.) Mr. Suresh Prasad Sharma, learned counsel for the petitioner and Mr. Raj Kishore Roy, learned Government Pleader (GP)-18, were present and they were heard.

(3.) Learned counsel for the petitioner submitted that the petitioner is the raiyat of the land pertaining to Khata No. 115, Plot No. 1, Thana No. 141, of which area is 14 decimal, situated in village Awasani, and also pertaining to Khata No. 160, Khesra No. 54, Thana No. 142, of which area is 40 decimal, situated in village Mangalpur. For the purpose of boulder pitching and to save the Bagaha city from flood, the petitioner and other raiyats were made to understand that their land would be taken for the flood control purpose and considering that situation, the petitioner and other raiyats allowed the boulder pitching on their land between the year 2014. and 2018. During the period between 2014 and 2018, when the boulder pitching was going on, the petitioner and other raiyats raised their objection to the land acquisition process and the payment of compensation for their land. Since the days of boulder pitching i.e. from 2014 to 2018, the petitioner has been making a demand for the payment of compensation of the land so acquired and has also prayed for other consequential benefits of the acquisition but every time the respondents assured him that the process of compensation was going on and would be provided to him in due course. Thereafter, on a representation filed by the petitioner on 3/1/2018, the Secretary to the Government Water Resources Department forwarded the said petitioner's representation to the Special Land Acquisition Officer, Gandak Project, Muzaffarpur. In response, the Special Land Acquisition Officer by his memo No. 228 dtd. 12/3/2018 (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 23/1/2020 the Executive Engineer Flood Control, 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 14/2/2020 (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.