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Patna High Court

Ganga DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that if the pending compensation has not been paid, the district administration must pay it by 28 February 2026 with 9% interest, and the responsible official shall bear the interest and associated costs.

Summary

The petitioner, Ganga Devi, filed a writ petition seeking payment of the remaining 20% compensation for land acquired by the Sashastra Seema Bal in 2011 for its headquarters. While 80% of the compensation had been paid, the petitioner alleged that the balance remained unpaid, forcing her to approach the court. The respondents contended that the balance was to be paid immediately, but the court found the status of payment unclear. Relying on an earlier order in Braj Kishor Singh v. State of Bihar, the court directed that if the balance has not been paid, the district administration must pay it by 28 February 2026 with 9% interest, and the official responsible for the delay shall bear the interest and a cost of Rs 10,000 if payment is not made by 31 March 2026. If the balance has already been paid, no further action is required. The order was sent to the Collector for implementation.

Issues considered

  • Whether the remaining 20% compensation due to the petitioner has been paid.
  • Whether the district administration is obligated to pay the pending compensation with interest if it remains unpaid.
  • Whether the official responsible for the delay can be held personally liable for interest and costs.

Subjects

  • land acquisition
  • compensation
  • Sashastra Seema Bal
  • interest
  • civil writ jurisdiction
  • district administration
  • official liability

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.17435 of 2019
                 ======================================================
                 Ganga Devi W/o Ekbal Singh Resident of Village Chikni, Ward No.1, Raxaul,
                 PO Jokiyari, P.S. Raxaul,Dist.East Champaran.
                                                                               ... ... Petitioner/s
                                                     Versus
           1.     The State of Bihar through its Chief Secretary, Old Secretariat, Bihar,Patna
           2.    The Principal Secretary, Revenue and Land Reforms Govt. of Bihar,Patna
           3.    The Principal Secretary, Department of Home Bihar,Patna
           4.    The Director, Land Acquisition,Bihar,Patna
           5.    The Joint Secretary, Department of Home Bihar,Patna
           6.    The Collector, Motilhari
           7.    The Land Acquisition Officer, Motihari
           8.    The Union of India, Through the Ministry of Home Affaris, Govt. of
                 India,through its Secretary, Noth Block,New Delhi
           9.     The Secretary, Border Management Ministry of Home Affairs, Govt. of
                  India,North Block,New Delhik
                                                                   ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Ms. Mallika Mazumdar, Adv.
                 For the Respondent/s     :         Mr. Anshay Bahadur Mathur, CGC
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER
3   07-01-2026                    Heard the parties.

                               2. The present petition has been preferred for the grant of

                   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. 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.
Patna High Court CWJC No.17435 of 2019(3) dt.07-01-2026
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                      3. The petitioner’s land was taken by the Sashastra Seema

          Bal (henceforth for short, ‘the SSB’) through the district

          administration in the year 2011 for the construction of its headquarter

          at East Champaran.

                      4. The claim of the petitioner is that though 80 per cent of

          the amount was paid, for twenty per cent, the farmers had to move

          from pillar to post without any payment forcing him to file this writ

          petition.

                      5. A counter affidavit has come on behalf of the District

          Land Acquisition Officer, East Champaran, Motihari and learned

          State counsel has taken this Court to paragraph nos. 10 and 12 to

          show that the rest of the 20 per cent was to be paid immediately.

                      6. The parties are not clear whether the payment has been

          made or not, in that background and taking note of the earlier order

          passed by this Court in CWJC No. 22472 of 2018 (Braj Kishor Singh

          vs. The State of Bihar and Ors.) disposed of on 04.11.2025, this

          Court takes the same line and dispose of the writ petition with the

          following observation:

                                          (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 duty-bound to pay

                                  the amount by 28.02.2026;
           Patna High Court CWJC No.17435 of 2019(3) dt.07-01-2026
                                                         3/3




                                                           (iii) if the payment has not been

                                             made and still not cleared by 28.02.2026, 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 March 2026, the petitioner shall 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.

                                 7. Let a copy of the order be sent to the office of the

                     Collector, East Champaran, Motihari for perusal and necessary

                     action.



                                                   (Rajiv Roy, J)
Vijay Singh/-

U


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