Patna High Court
Sushma DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RANA VIKRAM SINGH
Holding
The Bhojpur District Magistrate‑Cum‑Collector and the District Land Acquisition Officer are obligated to pay the compensation with interest under Section 34 of the 1894 Act, irrespective of the later district bifurcation.
Summary
The petitioner, a widow, sought compensation for Raiyati land acquired in 1989 for the Koilwar Dam, for which an award was published in March 1990 but no payment was ever made. The land lay in the area that later became Buxar district after the bifurcation of the old Bhojpur district, and the petitioner was being told to approach Buxar authorities for payment. The Court held that, because the acquisition and award were effected by the then‑Bhojpur administration before the split, the Bhojpur District Magistrate‑Cum‑Collector and the District Land Acquisition Officer remain liable to pay the compensation. It further directed that interest under Section 34 of the Land Acquisition Act, 1894 be calculated from the date of the award until actual payment. The Court ordered the Bhojpur officials to pay the amount within three months, either from their own funds or by obtaining assistance from the Buxar district authorities. The writ petition was consequently disposed.
Issues considered
- Whether the Bhojpur district authorities are responsible for paying compensation for land acquired before the district was bifurcated into Bhojpur and Buxar.
- Whether interest under Section 34 of the Land Acquisition Act, 1894 is payable for the delayed compensation.
- Whether the authorities can lawfully defer payment to the newly created Buxar district.
Legislation cited
- Land Acquisition Act, 1894 — s. 34
- Land Acquisition Act, 1984 — s. 11-A
Subjects
- land acquisition
- compensation
- interest
- district bifurcation
- statutory liability
- widow rights
- writ petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8139 of 2026
======================================================
Sushma Devi, Wife of late Govind Jee Pathak, R/o Vill.- Niyazipur, P.S.-
Simari, District- Buxar.
... ... Petitioner/s
Versus
1. The State of Bihar its Principal Secretary, Revenue and Land Reforms
Department, Government of Bihar.
2. The District Magistrate, Buxar.
3. The Competent Authority-Cum-the District Land Acquisition Officer, Buxar.
4. The Deputy Collector Land Reforms, Dumaron, Buxar.
5. The Executive Engineer, Flood Control Division, Buxar Pramendal Buxar.
6. The Circle Officer, Simari, Buxar.
7. The District Magistrate, Bhojpur at Arrah.
8. The District Land Acquisition Officer, Bhojpur at Arrah.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajiv Ranjan Kr. Pandey, Adv.
For the Respondent/s : Mr. AC to GP-6
======================================================
CORAM: HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
ORAL JUDGMENT
Date : 02-07-2026
At the very outset, the learned counsel for the
petitioner seeks permission to implead the District Magistrate-
Cum-Collector, Bhojpur (Arrah) and the District Land
Acquisition Officer, Bhojpur (Arrah) as respondent Nos. 7 and 8
respectively to the present writ application in course of the day.
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2. Permission is accorded.
3. The petitioner is a widow whose land, when her
husband was surviving, acquired in the year 1990 for
construction of Koilwar Dam in the district of Bhojpur (Arrah).
The land was acquired in the year 1989, the Award of which was
published on 01.03.1990 and since then, as submitted by the
learned counsel appearing on behalf of the petitioner, that no
farthing much the less any amount has been paid in the form of
compensation for such acquisition of the Raiyati land of the
petitioner, which goes to the very root of such acquisition and
smacks of arbitrariness and callousness on the part of the
respondent authority, who, after having acquired the land, very
conveniently rather forgot to make payment of the
compensation amount to the person whose land had been
acquired after following due process in accordance with law.
4. The learned counsel for the petitioner, while
referring to various Annexures, shows the representations
whereby the same have been given to the various authorities of
the district with the prayer to make payment of the amount of
compensation for the land duly acquired. He also submits that
though the Award was prepared in the name of the late husband
of the petitioner, who passed away few years ago, running from
Patna High Court CWJC No.8139 of 2026 dt.02-07-2026
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pillar to post, to get compensation amount from the district
authorities.
5. The learned counsel for the petitioner further
submits that whenever he approaches the Land Acquisition
Officer, Bhojpur, Arrah, he is being informed that he will get the
compensation amount from the Buxar district, which has been
carved out from the old Bhojpur in the year 1992.
6. The learned counsel for the petitioner highlights
that the land of the petitioner was acquired in the year 1989,
which was within the territorial jurisdiction of the old Bhojpur
district, so he is entitled to get the compensation amount from
the district authorities of the Bhojpur district though his land,
which was acquired, much prior to bifurcation, was situated
within the new district of Buxar, which has been carved out of
the old Bhojpur district.
7. The learned counsel appearing on behalf of the
State has also not disputed these aspects of the matter that the
land of the petitioner has duly been acquired in the year 1989
and the Award for the same has also been published in the year
1990 and till date, it appears from the records that no
compensation amount has been paid either to the late husband of
the petitioner or to the petitioner, who being the widow has been
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made to run to every corner to get her rightful and legal due
from the authorities concerned.
8. However, ultimately, the counsel for the State
submits that necessary directions may be given to the concerned
authorities for making payment of the Award after verifying the
due claims and proper identification of the identity of the
petitioner being widow of late Govind Jee Pathak, in whose
name the Award had duly been published in the year 1990 for
acquisition of his land.
9. Heard learned counsel for the parties.
10. It is a settled principle of law that when the land
was acquired by the District Administration, then the District
Administration is duty bound to make payment of the
compensation for the same. This land acquisition process has
been concluded in the year 1990 by publication of Award; so in
this case, old Land Acquisition Act, 1894 (in short the old Act)
will apply with full force. It goes without saying that Section 34
of the old Act provides for payment of interest on the Award of
compensation from the date of the Award till the date when
actual payment is made.
11. In the case at hand, when the principle amount
of the compensation has not been paid, much less the part of the
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interest, the authorities are duty bound to make payment of
interest for such delay at the rate of interest as mandated under
Section 34 of the Act.
12. It also goes without saying that when the
District Administration of old Bhojpur district has acquired the
land much prior to the bifurcation of the district into two, i.e.,
Bhojpur and Buxar, then the authorities of the Bhojpur district
are duty bound to make payment of the compensation amount to
the petitioner.
13. At this stage, it is profitable to refer Section 11-
A of the Land Acquisition Act, 1984 (in short the Act of 1984),
which reads as hereunder:
11-A. Period within which an award
shall be made.-(i) The Collector shall make an
award under Section 11 within a period of two
years from the date of the publication of the
declaration and if no award is made within that
period, the entire proceedings for the acquisition of
the land shall lapse.
Provided that in a case where the said
declaration has been published before the
commencement of the Land Acquisition
(Amendment) Act, 1984 (68 of 1984), the award
shall be made within a period of two years from
such commencement.
14. Further, Section 34 of the Act of 1894 mandates
for computation of rate of interest over that unpaid
compensation amount where though Award has been made and
land has been acquired, but compensation has not been paid.
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15. Section 34 of the Act of 1894 is reproduced
hereinbelow for ready reference:
34. Payment of interest.-When the
amount of such compensation is not paid or
deposited on or before taking possession of the
land the Collector shall pay the amount awarded
with interest thereon at the rate of nine per centum
per annum from the time of so taking possession
until it shall have been so paid or deposited:
Provided that if such compensation or
any part thereof is not paid or deposited within a
period of one yer from the date on which
possession is taken, interest at the rate of fifteen
per centum per annum shall be payable from the
date of expiry of the said period of one year on the
amount of compensation or part thereof which has
not been paid or deposited before the date of such
expiry.
16. It is not in dispute that the land of the petitioner
had duly been acquired following the due process in consonance
with law in the year 1989, for which, an Award was duly
published on 01.03.1990, the fact which even the learned
counsel for the State did not object.
17. The land acquisition proceeding has been
concluded by virtue of application of Section 11-A of the Act of
1894 much prior to the bifurcation of the Bhojpur district into
two, then in these circumstances, the District Administration
including the District Land Acquisition Officer, Bhojpur (Arrah)
as well as the District Magistrate-Cum-Collector, Bhojpur
(Arrah) are under obligation of the law and duty bound to make
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payment of the compensation amount for the land of the
petitioner which was duly acquired and Award for which had
duly been published after computing the same and that too with
the payment of interest, on the aforesaid compensation amount,
from the date of Award till the actual payment of the
compensation in terms of Section 34 of the Act of 1894. The
District Administration Authorities of the Bhojpur district could
not be left to roam around on their freewill to make the
petitioner, who is the widow, to run from pillar to post to get her
due, which is her legitimate right in view of the provisions as
mandated in terms of the Act of 1894.
18. In this backdrop, the District Magistrate-Cum-
Collector, Bhojpur (Arrah) as well as the District Land
Acquisition Officer, Bhojpur (Arrah) are, hereby, directed to
make payment of the compensation amount within a period of
three months from today, after due calculation of the rate of
interest as provided in Section 34 of the Act of 1894 from the
date of Award till the actual payment of compensation is made.
19. They cannot take plea or shelter behind the
logic that the payment could only be made by the District
Administration of Buxar where the land of the petitioner was
situated before bifurcation. It is incumbent upon the District
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Magistrate-Cum-Collector, Bhojpur (Arrah) as well the District
Land Acquisition Officer, Bhojpur (Arrah) to get the amount of
compensation either from their coffer for the said acquisition of
land or from the District Administration of Buxar, but it has to
be paid to the petitioner who cannot be allowed to be harassed
and persecuted like this after the demise of her late husband.
20. The District Magistrate-Cum-Collector,
Bhojpur (Arrah) and the District Land Acquisition Officer,
Bhojpur (Arrah) are under an obligation and duty bound to
resolve the issue of payment of compensation amount to the
petitioner. In order to resolve the dispute of making payment of
compensation, the District Magistrate-Cum-Collector, Bhojpur
(Arrah) and the District Land Acquisition Officer, Bhojpur
(Arrah) shall hold meeting with the District Magistrate-Cum-
Collector, Buxar and the District Land Acquisition Officer,
Buxar within a period of three weeks henceforth, if situation so
warrants and in that event, the District Magistrate-Cum-
Collector, Buxar and the District Land Acquisition Officer,
Buxar would provide all required assistance in order to get the
issue settled at the earliest within the stipulated time fixed
hereinabove.
21. With the aforesaid observation/direction, the
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writ petition stands disposed off.
22. Interlocutory application(s), if any, also stands
disposed off accordingly.
(Rana Vikram Singh, J)
Praveen-II/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 04.07.2026
Transmission Date N/A
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