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Patna High Court

Birbal RautversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The court held that the pending compensation must be paid by the specified date with 9% interest, and the official responsible for the delay shall be personally liable for the interest, with costs payable if payment is not made by the final deadline.

Summary

Petitioner Birbal Raut filed a writ petition seeking payment of the remaining 20% compensation for land acquired by the Sashastra Seema Bal in 2011 for its headquarters, alleging that only 80% of the amount had been paid. The State argued that the remaining amount was to be paid immediately, but the court found the status of payment unclear. Referring to an earlier order in CWJC No.22472 of 2018, the court directed that if the 20% has not been paid, the district administration must pay it by 28‑02‑2026 with 9% interest accruing thereafter. The official responsible for the delay shall be personally liable for the interest, and if payment is still not made by 31‑03‑2026, the petitioner is entitled to a cost of Rs 10,000 plus the accrued interest. The order was sent to the Collector for implementation and the petition was disposed.

Issues considered

  • Whether the district administration is obligated to pay the pending 20% compensation to the petitioner.
  • Whether interest at 9% per annum should be awarded on delayed compensation.
  • Whether the official responsible for the delay can be held personally liable for the interest.
  • Whether costs may be awarded if payment is not made by the stipulated deadline.

Subjects

  • land acquisition
  • compensation
  • interest
  • delay
  • writ petition
  • Sashastra Seema Bal
  • costs
  • official liability

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.21660 of 2018
                 ======================================================
                 Birbal Raut S/o Ramdev Raut, R/o Mauza- Chikni, Ward No. 01, P.S.-
                 Raxaul, Jakiyari, District-East Champaran.


                                                                              ... ... Petitioner/s
                                                     Versus
           1.    The State Of Bihar
           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.
           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 Secretary, North Block, New Delhi.
           9.    The Secretary, Border Management Ministry of Home Affairs, Government
                 of India, North Block, New Delhi.


                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Ms. Mallika Mazumdar, Advocate
                 For the State          :        Mrs. Nutan Sahay, AC to AAG-12
                 For the UOI            :        Mr. Anshay Bahadur Mathur, CGC
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   06-01-2026                     Heard Ms. Mallika Mazumdar, learned counsel for

                   the petitioner and Mrs. Nutan Sahay, AC to AAG-12

                   representing the State.

                                 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
Patna High Court CWJC No.21660 of 2018(2) dt.06-01-2026
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                                 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.

                      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 no.11 and 13 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
Patna High Court CWJC No.21660 of 2018(2) dt.06-01-2026
                                           3/4




          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;

                                              (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
            Patna High Court CWJC No.21660 of 2018(2) dt.06-01-2026
                                                       4/4




                                              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)
vinayak/-

U


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