IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13221 of 2010 Ram Autar Prasad, son of Late Chingi Mahto, village Jhikatia, PS Nabinagar, District Aurangabad – Petitioner. Vs. 1) The Union of India through the Secretary, Energy Department, Government of India, New Delhi. 2) Chairman, National Thermal Power Corporation, New Delhi. 3) Chief Executive Officer, N.T.P.C. Vidyut Bhawan, Bailey Road, Patna. 4) Bhartiya Rail Bijali Company Ltd. through its Chief Executive Officer, New Delhi. 5) The General Manager, East Central Railway, Hajipur. 6) Dy. General Manager, East Central Railway, Satyendra Nagar, Near Durga Mandir, Aurangabad. 7) District Magistrate, Aurangabad. 8) Dist. Land Acquisition Officer, Aurangabad – Respondents. 2 17.8.2010 Counsel for the petitioner is permitted to correct the name of the village. Counsel for the petitioner submits that his land of old khata no. 46, old plot no. 106 which corresponds to R.S. P. Nos. 558, 567 and 572 under Khata no. 27 (ka) having an area of 1.74 acre in village Jhikatia are sought to be acquired. It is submitted that no notice was issued to the petitioner under section 4 of the Land Acquisition Act. It is the case of the petitioner that Nabinagar Thermal Power Project intendeds to lay out a pipe line through the lands of the petitioner and one Raja ram Prasad and Jhari Mahto. It is his case that the pipe line ought not be laid down in the land of the petitioner, rather, it should be moved to the lands of village Kajrain. The manner in which respondent no.4 is establishing the project and the technicality cannot be examined by a writ court. However, the petitioner will have the liberty to file an application before the Land Acquisition Officer, Aurangabad if his lands are 2 notified under the land acquisition proceeding. The Land Acquisition Officer may examine whether the petitioner is bona fide raiyat of the lands in question and pass appropriate orders in accordance with law on receipt of an application from the petitioner. Such an application by the petitioner should be filed within a period of six weeks from the date of receipt of a copy of this order which should be considered and disposed of by the Land Acquisition Officer, Aurangabad expeditiously considering that any delay in procedural aspect of acquiring the land, is likely to delay the project. This writ petition is disposed of with the aforesaid observation and direction. haque (Sheema Ali Khan, J.)