IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3121 of 2009 1. MD. ABDUL KALAM S/O LATE MD. YASIN RESIDENT OF VILLAGE- MUSACHAK, P.S. BAIRAGANIA, DISTT.-SITAMARHI. ----------Petitioner Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR SITAMARHI 3. THE SPECIAL LAND ACQUISITION OFFICER GANDAK PROJECT, MUZAFFARPUR --------- Opposite Parties With MJC No.3847 of 2009 1. RAM BALAK SAH, SON OF LATE NATHUNI SAH, RESIDENT OF VILLAGE MUSACHAK, P.O. AND P.S. BAIRGANIA, DISTRICT SITAMARHI. ------ PETITIONER Versus 1. THE STATE OF BIHAR. 2. THE COLLECTOR, SITAMARHI. 3. THE SPECIAL LAND ACQUISTIION OFFICER GANDAK PROJECT, MUZAFFARPUR. -------- OPPOSITE PARTIES With MJC No.3113 of 2009 1. RAM EKBAL THAKUAR S/O HARI THAKUR RESIDENT OF VILLAGE- MUSACHAK, P.S.-BAIRAGANIA, DISTT.-SITAMARHI. --------- PETITIONER Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR SITAMARHI 3. THE SPECIAL LAND ACQUISITION OFFICER GANDAK PROJECT MUZAFFARPUR. ---------- OPPOSITE PARTIES With MJC No.3117 of 2009 1. MD. ZABIULLAH S/O LATE MD. SIDDIQUE RESIDENT OF VILLAGE MUSACHAK, P.S.-BAIRAGANIA, DISTT.-SITAMARHI. -------PETITIONER Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR SITAMARHI 3. THE SPECIAL LAND ACQUISITION OFFICER GANDAK PROJECT MUZAFFARPUR. --------- OPPOSITE PARTIES With MJC No.3118 of 2009 1. SHAKEEL AKHTAR @ MD. SHAKEEL AKHTAR S/O MD. KHALIL CHOUDHARY RESIDENT OF VILLAGE MUSACHAK, P.S. BAIRAGANIA, DISTT.- SITAMARHI . ------ PETITIONER Versus 1. THE STATE OF BIAHR 2 2. THE COLLECTOR SITAMARHI 3. THE SPECIAL LAND ACQUISITION OFFICER GANDAK PROJECT MUZAFFARPUR --------- OPPOSITE PARTIES With MJC No.3119 of 2009 1. MD. SALEEM ------ PETITIONER Versus 1. THE STATE OF BIHAR & ORS. ------ OPPOSITE PARTIES With MJC No.3116 of 2009 1. GANAUR CHOUDHARY S/O JEETU MAHTO RESIDENT OF VILLAGE MUSACHAK, P.S.-BAIRAGANIA, DISTT.-SITAMARHI 2. HARI CHOUDHARY @ HARI KISHORE CHOUDHARY S/O JEETU MAHTO RESIDENT OF VILLAGE MUSACHAK, P.S.-BAIRAGANIA, DISTT.- SITAMARHI. ------- PETITIONERS Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR, SITAMARHI 3. THE SPECIAL LAND ACQUISITION OFFICER GANDAK PROJECT MUZAFFARPUR. ---------- OPPOSITE PARTIES With MJC No.3120 of 2009 1. MD. AINUL HAQUE S/O ABDUL AZIZ RESIDENT OF VILLAGE MUSACHAK, P.S. BAIRAGANIA, DISTT.-SITAMARHI. 2. FATEMA BEGUM WIDOW OF LATE ZAINUL HAQUE RESIDENT OF VILLAGE MUSACHAK, P.S. BAIRAGANIA, DISTT.-SITAMARHI. -------- PETITIONERS Versus 1. THE STATE OF BIHAR 1. THE COLLECTOR, SITAMARHI 2. THE SPECIAL LAND ACQUISITION OFFICER GANDAK PROJECT MUZAFFARPUR. ----- OPPOSITE PARTIES ----------- 3 07.05.2010 Heard learned counsel for the parties. Reference may be made to the earlier order of this Court dated 7.4.2010. Pursuant thereto, the Collector of Sitamarhi District, namely, Vimla Nand Jha and Special Land Acquisition Officer, Gandak Project, Muzaffarpur, namely, Vinod Kumar Thakur 3 have appeared in person. Mr. Lalit Kishore, learned counsel for the State explains that on 17.4.2010, the petitioners were offered the amount of 50% but they have not accepted the same and have filed objection that the amount is not to the value of 50% in terms of Section 28(A) of the Land Acquisition Act (hereinafter to be referred to as ‘the Act’). Mr. Lalit Kishore very fairly submitted that while making such calculation, the interest of amount has not been taken into account and that is the reason for such a wide disparity. He ultimately conceded that the payment amount will include the land value solatium and interest and therefore, the Collector and Special Land Acquisition Officer will ensure that the worth of 50% as per the provision of Section 28(A) of the Act will be made available to the petitioners in terms of the earlier order within a period of one week from today. Recording the aforesaid undertaking of the Collector of the district who is personally present, all of these contempt applications are disposed of and it is made clear that 4 immediately after making payment of such amount, the Collector in person will file an affidavit of compliance of the order of this Court which will be filed in the Registry of this Court and placed in the record of this case. With the aforementioned observations and direction, all of these applications are disposed of. Personal appearance of the Collector of Sitamarhi District, namely, Vimla Nand Jha and Special Land Acquisition Officer, Gandak Project, Muzaffarpur, namely, Vinod Kumar Thakur is dispensed with. Rsh (Mihir Kumar Jha, J.)