IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7937 of 2010 MAHANTH RAM LAKHAN DAS, S/O LATE MAHANTH MAHABIR DASJI, R/O VILLAGE PANDARAK, P.S.- PANDARAK,DISTRICT-PATNA. Versus 1. THE STATE OF BIHAR,THROUGH THE PRINCIPAL SECRETARY, LAND REFORMS DEPARTMENT, GOVT. OF BIHAR, PATNA. 2. COLLECTOR CUM DISTRICT MAGISTRATE,PATNA. 3. LAND REFORMS DEPUTY COLLECTOR,BARH,PATNA. 4. DISTRICT LAND ACQUISITION OFFICER,PATNA. 5. ADDITIONAL COLLECTOR, PATNA. 6. DEPUTY COLLECTOR, PATNA. 7. SUB DIVISIONAL OFFICER, BARH,PATNA. 8. CIRCLE OFFICER,PANDARAK,PATNA. 9. NATIONAL THERMAL POWER CORPORATION THROUGH THE MANAGING DIRECTOR, N.T.P.C. NEW DELHI. 10. PROJECT MANAGER, N.T.P.C. PROJECT, BARH,PATNA. For the Petitioner : M/s Banwari Sharma, Shiv Kumar For the State : Mr. Ravindra Priyadarshi, AC to AAG-III. For the NTPC : Mr. Amit Prakash, Advocate. ----------- 02. 10.05.2010 Heard learned counsel for the petitioner, the State and the counsel for the National Thermal Power Project, respondent nos.9 and 10. 2. Petitioner is aggrieved by the order dated 16.1.2008 passed by the Collector, Additional Collector and the Deputy Collector, Land Reforms, Patna, Annexure-5, whereunder the District Land Acquisition Officer, Patna has been directed to complete the land acquisition proceeding for acquisition of lands for the National Thermal Power Project at Barh and to verify whether any dispute in regard to the ownership of lands of plot no.29 appertaining to khata no.68 is pending before any authority of competent jurisdiction and proceed accordingly. 3. It is submitted on behalf of the petitioner that the aforesaid land ceiling case was closed by the Collector, Patna under order dated 26.3.1984, Annexure-2 as no surplus land was found at the end of the petitioner, whereafter steps was taken before the survey authorities for removal of name of Tetar Paswan who was granted purcha earlier and - 2 - under order dated 6.11.2000, Annexure-6 passed by the survey authorities, the lands have been recorded in the name of the petitioner as under order dated 6.11.2000, Annexure-6 objection under the B.T. Act has been allowed. 4. Having heard counsel for the petitioner and the State, I direct the petitioner to represent before the Collector, Patna with reference to the order dated 26.3.1984 and 6.11.2000, Annexures-2 and 6 and submit before the Collector that petitioner is the raiyat in possession of plot no.29 appertaining to khata no.68, which has been acquired for NTPC project at Barh and the land having not been declared surplus petitioner is entitled for compensation. The Collector should consider the request of the petitioner for grant of compensation and if he is satisfied that petitioner was the raiyat in possession before acquisition of the lands in question for NTPC, appropriate compensation be paid to him, failing which the Collector shall be obliged to make reference under Section-30 of the Land Acquisition Act before the Land Acquisition Judge, Patna so as to enable the petitioner to ventilate his grievance about the title over the lands in question and to obtain compensation therefor. The Collector should consider the representation of the petitioner in compliance of this order, as early as possible, in any case within three months from the date of receipt/production of a copy of this order before him. 5. This writ application is, accordingly, disposed of. Rajesh/ ( V. N. Sinha, J. ) - 3 -