Patna High Court - Orders
Arbind Kumar Singh & Ors vs The State Of Bihar & Ors on 11 January, 2011
IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.18772 of 2010
1. ARBIND KUMAR SINGH S/O SHRI RAM VASIST SINGH,
2. RAM VASIST SINGH S/O LATE NAUJADIK SINGH,
3. RAM LAKHAN SINGH S/O LATE NAUJADIK SINGH,
4. RAM NARESH YADAV S/O LATE KAIL YADAV,
5. LAL MOHAN SINGH S/O LATE DUKHI SINGH,
6. UMRAJ DEVI W/O LAL MOHAN YADAV,
7. SANTAN SINGH S/O LATE LAL MOHAN SINGH,
8. ALIYAR PRAJAPATI S/O LATE DEODHARI PRAJAPATI,
9. DIPRANI DEVI W/O BABULAL PRAJAPATI,
10. SATYENDRA PRASAD SINGH S/O LATE BHIKHAR SINGH,
11. AWDESH LAL S/O LATE HARIHAR LAL,
12. SHEO PUJAN PRAJAPATI S/O SURAJ PRAJAPATI,
13. KAPURA DEVI W/O SHEO PUJAN PRAJAPATI,
14. SUGIA DEVI W/O BUDHAN PRAJAPATI,
15. KLDIP PRAJAPATI S/O LATE LALDHARI PRAJAPATI,
16. NEPURI DEVI W/O LATE BANGALI YADAV,
17. BHOLA SINGH S/O LATE NAND LALL YADAV,
18. BIRENDRA SINGH S/O LATE SARDAR SINGH,
19. DHARNIDHAR SINGH S/O BISHUNDEO SINGH,
20. FULMATI DEVI W/O DHARAMDEO YADAV,
21. RAMESHWAR SAO S/O LATE KULDIP SAO,
22. SURENDRA SINGH S/O LATE KARAMDEO SINGH,
23. SHILA DEVI W/O LATE KRISHNA CHAUDHARY,
24. FEKAN PASWAN S/O LATE RAMESHWAR PASWAN @ PARMESHWAR
DUSADH,
25. KAMTA PRAJAPATI S/O LATE SADHU PRAJAPATI,
26. HARIDWAR BHAGAT S/O SHEO SHARAN BHAGAT,
27. CHANDRA DEO BHAGAT S/O LATE KUNJAL BHAGAT,
28. SHANTI DEVI W/O KANAHAI YADAV,
29. RAMESH PAL S/O LATE SURYA DEO BHAGAT,
30. DINA NATH SINGH S/O LATE CHANDRADEO SINGH,
31. MUNNA DEVI W/O DASHRATH YADAV,
32. BISHWA NATH SINGH S/O TULSHI MAHTO
33. DULARI DEVI W/O MUSAFIR PASWAN @ RAM ,
All Residents of Village Ankoraha, P.S. Mali, District-Aurangabad.
....................Petitioners
Versus
1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY,
2. THE PRINCIPAL SECRETARY, REVENUE AND LAND REFORMS
DEPARTMENT, GOVT. OF BIHAR, PATNA,
3. THE DIRECTOR, LAND ACQUISITION, GOVT. OF BIHAR, PATNA,
4. THE COMMISSIONER, MAGADH DIVISION, GAYA,
5. THE DISTRICT MAGISTRATE, AURANGABAD,
6. THE SUB DIVISIONAL OFFICER, AURANGABAD, DISTRICT AURANGABAD,
7. THE CIRCLE OFFICER, NABINAGAR, DISTRICT-AURANGABAD,
8. THE CIRCLE OFFICER, BARUN, DISTRICT-AURANGABAD,
9. THE NABINAGAR POWER GENERATION CO. THROUGH ITS CHIEF
EXECUTIVE OFFICER, VIDYUT BHAWAN, PATNA,
2
10. THE CHIEF EXECUTIVE OFFICER, NABINAGAR POWER GENERATION CO.,
VIDYUT BHAWAN, PATNA,
11. THE ASSISTANT GENERAL MANAGER, NABINAGAR, POWER GENERATION
CO, NABINAGAR, DISTRICT-AURANGABAD,
12. THE DISTRICT LAND ACQUISITION OFFICER, AURANGABAD.
...................Respondents.
with
CWJC No.19001 of 2010
1. SHALIGRAM SINGH S/O LATE BISHNUDEO SINGH,
2. RAM SWARUP SINGH S/O LATE UMESHWAR SSINGH,
3. NAGDEO SINGH S/O PRAGAS SINGH,
4. RAJBARI SAH S/O LATE SHIV SHARAN SAH,
5. BHIKHAR SAH S/O LATE MAHESH SAH,
6. NIRMALA DEVI W/O SRI LALOO SINGH,
7. AWDHESH SAH S/O LATE MAHABIR SAH,
8. RAM RUCH SAH S/O LATE RAMESHWAR SAH,
9. CHANDRA DEO SINGH S/O LATE BALKISHUN SINGH,
10. RAGHUBAR SINGH S/O LATE KARAMDEO SINGH,
11. KULDEEP SINGH S/O LATE BALDEO SINGH,
12. GOPAL SINGH S/O LATE MUNNA SINGH,
All Residfents of Village Sheobanpur, P.S. Nabinagar, District-Aurangabad.
.................Petitioners.
Versus
1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY,
2. THE PRINCIPAL SECRETARY, REVENUE AND LAND REFORMS
DEPARTMENT, GOVT. OF BIHAR, PATNA,
3. THE DIRECTOR, LAND ACQUISITION, GOVT. OF BIHAR, PATNA,
4. THE COMMISSIONER, MAGADH DIVISION, GAYA,
5. THE DISTRICT MAGISTRATE, AURANGABAD,
6. THE SUB DIVISIONAL OFFICER, AURANGABAD, DISTRICT AURANGABAD,
7. THE CIRCLE OFFICER, NABINAGAR, DISTRICT-AURANGABAD,
8. THE CIRCLE OFFICER, BARUN, DISTRICT-AURANGABAD,
9. THE NABINAGAR POWER GENERATION CO. THROUGH ITS CHIEF
EXECUTIVE OFFICER, VIDYUT BHAWAN, PATNA,
10. THE CHIEF EXECUTIVE OFFICER, NABINAGAR POWER GENERATION CO.,
VIDYUT BHAWAN, PATNA,
11. THE ASSISTANT GENERAL MANAGER, NABINAGAR, POWER
GENERATION CO, NABINAGAR, DISTRICT-AURANGABAD,
12. THE DISTRICT LAND ACQUISITION OFFICER, AURANGABAD.
...................Respondents.
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05 11.01.2011Both the matters raised identical issue and, as such, with the consent of the parties, they have been heard together. The present order shall govern them.
The lands of the petitioners have been acquired 3 by the State for installation of Power Generation Plant at Nabinagar. They are aggrieved by the fixation of compensation fixed in the award, which has already been prepared. They are also aggrieved by less payment of Solatium.
It is admitted position that both the petitioners have already received the quantum of compensation fixed under the award.
Learned counsel for the petitioners submits that some of the lands of the petitioners were shown as Gairmazarua and, as such, the award in respect thereof has not been made, as a result whereof they have been deprived of receiving adequate compensation therefor. He relies on a letter of District Magistrate-cum-Collector, Aurangabad, contained in Memo No. 551, dated 11.04.2007 (Annexure-
2) in order to show that the said matter is still under consideration by the authority. It is also the stand of the petitioners that the compensation amount including solatium fixed under the impugned award is less than adequate. Counsel for the petitioners, at this stage submits that he may be permitted to approach the respondent Collector with the aforesaid grievance(s) who may be directed to dispose of the same in accordance with law.
Learned counsel for the State, on the other hand, 4 submits that in view of the pleadings made in the application, it would appear that the petitioners have already received the compensation amount and if they are dissatisfied with the same, they can approach the authority under the Act in terms of Section 18 of the Bihar Land Acquisition Act.
Having considered the submissions on behalf of the parties, this Court is of the view that in the interest of justice, the petitioners may be presented to approach the authority under the Act (respondent District Magistrate- cum-Collector, Aurangabad) for ventilation of their grievance by filing a detailed representation.
Accordingly both applications are disposed off by the following order.
Let the petitioners file detailed representation supported by documents before the respondent Collector within four weeks from today alongwith copy of the present order. If such representation is filed within the aforesaid time, respondent Collector shall consider and dispose of the same in accordance with law preferably within four months from its/their presentation(s) before the respondent- Collector.
Safik ( Kishore K. Mandal, J.)