PRADEEP KUMAR TIWARY Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Inter alia, contending that an order passed by this Court on 23.06.2010 in CWJC No. 6966 of 2010 has not been complied with this application has been filed for initiating action for contempt.

(2.) It was the case of the petitioner before the Writ Court that his land situated in Mouza Rahimpur in Parbatta Anchal, appertaining to Touzi No. 525, Khata No. 38, Khesra No. 48, measuring 1 acre and 9 decimals have been taken over by the State Government due to unprecedented floor that took place in River Ganga in the year 1976 causing erosion of 11/12 kilometers around the area. Consequently, thousands of people were rendered homeless. They had to be evacuated and for rehabilitation of the flood victims the land has been taken over. Petitioner was paid ground rent initially but now even ground rent is stopped to be paid and no compensation has been paid.

(3.) Taking note of the aforesaid grievance of the petitioner it is seen that the learned Writ Court without going into various disputed aspects of the matter, thought it proper to issue a direction to the State Government through the Collector, Khagaria, to initiate steps for fixing the rent for the period the area in question was utilized and thereafter to start a land acquisition proceeding in case the Government intends to permanently utilize the land. It was further held that in case the Government if wished to permanently take over the land, the land may be vacated and fix the rent for the period and pay to the petitioner.