Patna High Court - Orders
Neelam Devi & Ors vs The State Of Bihar & Ors on 22 April, 2014
Author: Navaniti Prasad Singh
Bench: Navaniti Prasad Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No 4666 of 2013
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1. Neelam Devi W/O Pramod Mandal Resident Of Village- Dulduliya, P.S-
Pirpaity, District- Bhagalpur.
2. Sanju Devi W/O Sanjay Yadav Resident Of Village- Dulduliya, P.S-
Pirpaity, District- Bhagalpur.
3. Gunja Devi W/O Tipari Rajak Resident Of Village- Dulduliya, P.S-
Pirpaity, District- Bhagalpur.
4. Putul Devi W/O Diwakar Ravidas Resident Of Village- Dulduliya, P.S-
Pirpaity, District- Bhagalpur.
5. Manju Sinha W/O Bharat Mandal Resident Of Village- Dulduliya, P.S-
Pirpaity, District- Bhagalpur.
6. Nanki Devi W/O Naran Mandal Resident Of Village- Dulduliya, P.S-
Pirpaity, District- Bhagalpur.
7. Sanjeet Mandal S/O Banarsi Mandal Resident Of Village- Dulduliya,
P.S- Pirpaity, District- Bhagalpur.
8. Rekha Devi W/O Upendra Mandal Resident Of Village- Dulduliya, P.S-
Pirpaity, District- Bhagalpur.
.... .... Petitioner/s
Versus
1. The State Of Bihar through Commissioner, Revenue and Land Reforms
Department, Govt. Of Bihar, New Secretariat, Patna.
2. The General Manager, N.T.P. Kahalgaon.
3. The Collector, Bhagalpur.
4. The District Land Acquisition Officer, Bhagalpur.
5, The Chairman, Bhudan Yagna Committee, Bihar, Patna
.... .... Respondent/s
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Appearance :
For the Petitioner/s : M/s Mehendra Pd Bhartee, Pravina Kumari
& R N Gautom, Advocates
For the Committee : M/s Sarvendra Kr Verma, Jai Vardhan
Narayan, Advocates
For the S t a t e : Mr Krishna Chandra, AC to AG
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CORAM: HON'BLE MR JUSTICE NAVANITI PRASAD SINGH
ORAL ORDER
9 22-04-2014The facts are not in dispute. With consent of parties, this writ petition has been heard for disposal at this stage itself. Bhoodan Yagna Committee has been made a party. It has Patna High Court CWJC No.4666 of 2013 (9) dt.22-04-2014 2 appeared and filed counter affidavit. State has also filed counter affidavit. There is rejoinder also.
It appears that on 01.11.2007, the Bhoodan Yagna Committee made settlement of certain lands to the petitioners who were landless persons. In between 05.01.2008 to 25.01.2008, Praman Patras were issued. Petitioners were duly mutated. They become permanent settlees. It appears on 27.09.2011, notification under Section 4 (1) read with Section 17 (4) of the Land Acquisition Act was issued for acquiring substantial lands in that area including the petitioners' land for establishment of Thermal Power Station at Pirpainty. This was under emergent proceedings. As it was an emergent proceeding under which the land was acquired, State was required to pay 80% of compensation for which notices were issued to the petitioners. The same not having been paid, the petitioners have come to this Court. It appears that, in the meantime, the Collector found that these lands originally belong to the Bhoodan Yagna Committee and a no objection certificate was sought for. I may note here that there is no requirement of such a no objection certificate. Bhoodan Yagna Committee, having been noticed by this Court, has said that apparently the settlement, as made to the petitioners, was not correctly done but it does not deny the fact that settlements had Patna High Court CWJC No.4666 of 2013 (9) dt.22-04-2014 3 been made and Praman Patra had been issued to the petitioners under Section 14 of the Bihar Bhoodan Yagna Act, 1954. In terms of Section 21 of the said Act, they had made recommendations for cancellation thereof. As a matter of fact, it is conceded that no cancellation order has been passed. In my view, these facts are sufficient to dispose of the writ petition.
Firstly, it is not disputed that petitioners were settled the lands by the Bhoodan Yagna Committee and petitioners had been given the Praman Patra also in that regard. Thus, petitioners are settlees. That being so, the question of compensation has to be determined with reference to the time when compensation becomes payable. Compensation becomes payable on the day Section 4 notification is issued. That is the date for the purposes of evaluation of right, title and interest. On that day, undisputedly petitioners were the settlees. That being so, so long as the settlement has not been cancelled, the petitioners are entitled to receive compensation.
I, therefore, direct the District Land Acquisition Officer, Bhagalpur, if he intends to proceed with the acquisition, then to pay the entire amount of compensation to the petitioners forthwith alongwith statutory interest. The District Land Acquisition Officer would comply with the orders of this Court Patna High Court CWJC No.4666 of 2013 (9) dt.22-04-2014 4 within three months of production of a copy of this order before him by the petitioners.
The writ petition stands disposed of.
M.E.H./- (Navaniti Prasad Singh, J)