Suresh Shah v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.22904 of 2018 ====================================================== Suresh Shah S/o Late Gora Ssah R/o Village- Chikni, P.O.- Jokiyari, P.S.- Raxaul, District- East Champaran ... ... Petitioner/s
Versus
1.
The State Of Bihar and Ors 2.
The Principal Secretary, Revenue and Land Reforms, Government of Bihar, Patna 3.
The Principal Secretary, Department of Home Bihar, Patna 4.
The Director, Land Acquisition, Bihar, Patna null 5.
The Joint Secretary, Department of Home, Bihar, Patna 6.
The Collector, Motihari 7.
The Land Acquisition Officer, Motihari 8.
The Union of India, through the Ministry of Home Affairs, Government of India, through its Secreta 9.
The Secretary, Border Management Ministry of Home Affairs, Governemnt of India, North Block, New De ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Mallika Mazumdar, Adv.
For the Respondent/s :
Mr. Dhurjati Kumar Prasad, GP-14 For Union of India :
Mr. Rakesh Kumar Sinha, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-11-2025 Heard Ms. Mallika Mazumdar, learned counsel for the petitioner and the State.
2. The present application has been preferred for the following relief(s):
for a direction for payment of of the money to the farmers whose land have been acquired in 2011 by S.S.B. (Seema Surkhsa Bal) for Construction of its Head Quarters in Mauza Chikni, District E.
2/4 Champaran. And the entire compensation money has not been paid to farmers. The rest money should be paid with interest amount.
That the remaining amount should be paid as per new Act.
3. The matter relates to the land acquired by the Seema Suraksha Bal for the construction of headquarters in the district of East Champaran. The grievance of the petitioner is that though promptly, eighty per cent of the amount was cleared, for the rest twenty per cent, they have to move from pillar to post.
4. This Court has taken note of all such cases in which the authorities show its promptness in paying eighty per cent but for the twenty per cent, all of them have to move before this Court and in some cases, direction has also been issued.
5. A counter affidavit of the District Land Acquisition Officer, East Champaran is on record according to which, they have acknowledged that the amount has to be cleared with admissible interest and the finalization is under progress.
6. The counter affidavit is of the year 2019 and six years later, we do not know whether the payment has been made or not.
7. Instead of keeping the case pending and imposing cost upon the respondents, the writ petition need to be disposed of
3/4 with the following order:
(i) if the payment of twenty per cent has been made to the petitioner, no further step is to be taken;
(ii) if the payment has not been made, the district administration is dutybound to pay the amount by 31.12.2025; (iii) if the payment has not been made and still not cleared by 31.12.2025, an interest of nine per cent is to be calculated with the pending twenty per cent amount till the actual payment is made.
(iv) the responsibility be fixed on the official who delayed the payment of amount and the said extra amount of nine per cent interest shall be realized from the pocket of the said official;
(v) if the payment has not been paid and the district administration fails to pay by 31st December 2025, the petitioner shall also be entitled to a cost of Rs. 10,000/- along with the nine per cent interest which has already been ordered in the present case.
8. The aforesaid order has been passed taking into account that if the payment has not been made. If the State respondents have promptly paid the amount, no further step is required.
9. The writ petition is disposed of with aforesaid observation.
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10. Let a copy of the order be sent to the office of the Collector, East Champaran, Motihari for his perusal and necessary action.
(Rajiv Roy, J) Vijay Singh/- U