Sandeep Kumar, J. – All the writ petitions have been filed by the petitioners challenging the illegal demolition of their houses in Mohalla - Nepali Nagar / Rajiv Nagar. Since the issue raised in all the writ petitions are similar, they have been heard together and are being disposed of by this common judgment and order.

2. For the sake of convenience, the facts of C.W.J.C. No.9422 of 2022 and C.W.J.C. No. 9424 of 2022 are treated as the lead matter.

3. The facts of the cases are stated as under: –

4. The Bihar State Housing Board (hereinafter to be referred/described as “the Housing Board”) in the year 1974 had acquired 1024.52 acres of land in Rajiv Nagar area on both sides of Ashiyana-Digha road for a colony named as Digha Housing Colony. As per the prevalent law, the land owners were to be paid a compensation of Rs.1361 per sq. ft. of land. The acquisition proceedings were challenged by some of the erstwhile land owners and ultimately, the matter travelled upto the Hon’ble Supreme Court of India, wherein, the acquisition proceedings were upheld in favour of the Housing Board. The Hon’ble Supreme Court directed the Housing Board to pay compensation through the District Magistrate, Patna and accordingly, the Housing Board paid a sum of Rs.17.42 crores in the account of the District Magistrate, Patna in lieu of compensation but, the farmers have not received the amount of compensation.

5. As the process of awarding compensation got delayed and the majority of the farmers were denied payment of compensation for their lands, they started selling/transferring their plots to various cooperative societies/individuals, which are situated on the eastern side of Ashiyana-Digha road. The area of eastern side is approximately 600 acres and odd and is occupied by the members of such societies/individuals, who after purchasing the plots constructed the houses and are living therein. Some of them have constructed commercial buildings which are being used for commercial purposes. The remaining 400 and odd acres of land which were acquired is located on the western side of the Ashiyana- Digha road known as Nepali Nagar.

6. Earlier, the State Government, in order to resolve the dispute, had come up with Digha Acquired Land Settlement Act, 2010 which was notified on November 27, 2013 (hereinafter to be referred as “the Digha Land Settlement Act, 2010”). The State Government had enacted the law in 2010 to settle the plots in favour of the residents of Nepali Nagar. In 2014, the State Government announced Digha Acquired Land Settlement Scheme, 2014 (hereinafter to be referred as “the Digha Land Settlement Scheme, 2014”) under Section 3 of the Digha Land Settlement Act, 2010. The Digha Land Settlement Scheme, 2010 provides that settlement of land in favour of unauthorized occupants would be done after realizing the settlement charge at the Minimum Value Register (MVR) rate. Occupants having less than 2 Kathas of land will have to pay 25% of MVR as settlement charge. Occupants having land over 2 kathas, would have to pay 50% of MVR as settlement charge. Similarly, if the plot is located on the main road or principle road, the occupant will have to pay 75% of MVR as settlement charge. Settlement is 100% of MVR for the commercial plots. There was no policy to settle the plots on the western side of Ashiyana-Digha road i.e. in relation to the land of 400 acres situated at Nepali Nagar as per the existing MVR in the area. However, in terms of Section-7 of the Digha Land Settlement Act, 2010, the Housing Board was entitled to take possession of vacant land comprising area about 400 acres of land in Sectors 1, 2, 5, 8 and 10.

7. Section 7 of the Digha Land Settlement Act, 2010 reads as under: –

“7. Board to take possession of vacant land. – The Board shall be entitled to take possession of vacant land comprised in an area of about 400 acres of land situated in Sectors 1, 2, 5, 8 and 10.

Provided that the constructed portion in the form of dwelling houses or