Patna High Court
Ganga DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
2/3
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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