IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16522 of 2011 1. Kavinath Singh S/o Late Ramnandan Singh resident of Village- Khaira, 2. Hargovind Singh S/o Late Katwaru Singh resident of Village- Khaira, 3. Sita Ram Chauhan S/o late Somru Chauhan resident of village Kerka Tola Narayan Pur, 4. Ram Dayal Chauhan @ Ram Dayal Singh Chauhan S/o late Bsudeo Chauhan resident of Village-Khaira, 5. Kameshwar Singh S/o Late Moti Chand Singh resident of village- Khaira, 6. Triveni Singh S/o late Chamru Singh resident of Village-Khaira, 7. Ishwari Singh, S/o late Sambhal Singh resident of Village-Khaira All are residents of P.S. Nabinagar and Distt. Aurangabad….. …..Petitioners Versus 1. The State Of Bihar through Principal Secretary, Dept. Of Revenue and Land Reforms, 2. The District Collector, Aurangabad, 3. The District Land Acquisition Officer, Aurangabad, 4. Bhartiye Rail Bijalee Company Ltd. (A Joint Venture of N.T.P.C Limited ministry of Railways) through its Chairman, head office/Corporate Office- N.T.P.C. Bhawan Scope Complex-7, Institutional Area, Lodhi Road, New Delhi- 110003, 5. The Chief Executive Officer, Nabinagar Thermal Power Project, Bhartiye Rail Bijalee Company Ltd., Head quarter First Floor, Vidyut Bhawan, Bailey Road, Patna, 6. The General Manager, Nabinagar Thermal Power Project, Bhartiye Rail Bijalee Company Ltd. site Office –Satendra Nagar, Aurangabad…. ……Respondents ----------- 2 For the Petitioners : Mr. Anirudh Kumar Verma, Advocate For the State : Mr. Krishna Chandra, Advocate For the BRBCL : Mr. Anil Kumar Sinha, Advocate …………………….. 2 26.09.2011 Heard learned counsel for the petitioners, the State and Bhartiya Rail Bijli Company Ltd., i.e., respondent nos. 4 to 6. The seven petitioners altogether seek direction to the respondents to determine the compensation of the land acquired for the construction of Nabinagar Thermal Power Station in accordance with the undertaking made under section 11(2) of the Land Acquisition Act considering the land within the radius of 50 meters from the boundary of the village as homestead land, and, thus conferring all other statutory benefits upon them in accordance with law. The issue involved in this case is no longer res integra inasmuch as a learned single Judge of this Court vide order dated 29.10.2010 passed in C.W.J.C. No. 10684 of 2010, upon undertaking given by the BRBCL that they would consider the payment of compensation with regard to the land situated within the radius of 50 meters from the boundary as homestead land, and, 3 accordingly, compensation would be calculated, disposed of with a direction to fix compensation amount as per decision. A counter affidavit has been filed on behalf of the State appending therewith a letter written by the Principal Secretary of the State Government to the Collector, Aurangabad to proceed in accordance with the direction aforesaid passed by this Court appended in C.W.J.C. No. 10684 of 2010. It is submitted by learned counsel for the State that the Collector concerned is taking steps for fixing the point for measurement of the aforesaid area. Accordingly, this writ application is disposed of in terms of the order dated 29.10.2010 passed in C.W.J.C. No. 10684 of 2010. Sanjay-II ( Dr. Ravi Ranjan, J.)