IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10684 of 2010 1. SARSWATI DEVI, WIFE OF SRI RAM PARVESH SINGH, RESIDENT OF VILLAGE DHUNDHWA, P.S. NABINAGAR AND DISTRICT AURANGABAD 2. JITENDRA SINGH, SON OF LATE RAM NARAYAN SINGH, VEGHARA 3. VIJAY MAL CHOUDHARY, SON OF LATE DASRATH CHOUDHARY, KAJARAI 4. KUMAR OHM, SON OF LATE RAM BILASH SINGH, KERKA KHADHA 5. RAM PARVESH SINGH, SON OF LATE KAILASH SINGH, YEGHARA 6. BIPHANI DEVI, WIFE OF SRI MAHADEO YADAV, DHUNDHUA 7. UPENDRA YADAV, SON OF SRI MAHADEO YADAV, DHUNDHUA 8. BABU RAM THAKUR, SON OF LATE NATHUNI THAKUR, YEGHARA 9. MANBASIYA DEVI, WIFE OF SRI SITA RAM THAKUR, YEGHARA 10. RAJENDRA SINGH, SON OF LATE RAM NANDAN SINGH, YEGHARA 11. RAM ASHISH SINGH, SON OF LATE PARIKHA SINGH, YEGHARA 12. HAZARI RAM, SON OF SHRI SHEO RAM, YEGHARA 13. BASHISTH RAM, SON OF LATE BIGHU RAM, YEGHARA 14. GAURI SINGH, SON OF LATE BANWARI SINGH, YEGHARA 15. RAM NARESH RAM, SON OF LATE RAM CHANDRA RAM, YEGHARA 16. RAM SWAROOP RAM, SON OF LATE NARAYAN RAM, YEGHARA 17. KAMESHWAR SINGH, SON OF LATE RAM BILASH SINGH, YEGHARA ALL BELONGS TO P.S. NABINAGAR, DISTRICT AURANGABAD --------------------------------------------------------------------------------------------- PETITIONERS Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE AND LAND REFORMS, PATNA (BIHAR) 2. THE COLLECTOR, AURANGABAD 3. THE DISTRICT LAND ACQUISITION OFFICER, AURANGABAD 4. BHARTIYE RAIL BIJALEE COMPANY LIMITED (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, LADHI ROAD, NEW DELHI- 110 003 5. CHIEF EXECUTIVE OFFICER, NABINAGAR THERMAL POWER PROJECT, BHARTIYE RAIL BIJLEE COMPANY LIMITED, HEAD QUARTER FIRST FLOOR, VIDYUT BHAWAN, BAILEY ROAD, PATNA 6. GENERAL MANAGER, NABINAGAR THERMAL POWER PROJECT, BHARTIYE RAIL BIJLEE COMPANY LIMITED. SITE OFFICE- SATENDRA NAGAR, AURANGABAD. ------------------------------------------------------------------------------------------- RESPONDENTS ******** 5 29.10.2010 This writ application has been filed on behalf of 17 villagers whose lands are under acquisition by the Bhartiye Rail Bijlee Company Limited (herein after referred to as „the B.R.B.C.L.) for the 2 purposes of fixing the amount to be paid to the villagers of Nabinagar in view of the acquisition made for the purposes of constructing a Thermal Power Station by the B.R.B.C.L. Annexure-1 is the agreement between the villagers and the Collector of the district. Annexure-2 is the consent of the B.R.B.C.L. to pay the extra amount to the villagers treating 50 meters from the homestead area of the village as homestead lands. An affidavit has been filed by the Deputy General Manager of B.R.B.C.L. Paragraph 4 of the affidavit states as follows: “It is humbly stated that in the meeting held on 24.7.2008, petitioners herein have made a proposal that lands falling within the radius of 50 meters from the boundary of the village, should be considered as Homestead lands and compensation should be calculated and paid accordingly”. It is further stated in the affidavit that the proposal has been sent by letter dated 26.9.2008 to the State Government which communicates the consent of 3 the B.R.B.C.L. vide letter dated 26.9.2008 by the District Collector. Today an affidavit has been filed on behalf of the Principal Secretary that the value of the lands should be fixed according to the Bihar Privileged Persons Homestead Tenancy Act, 1947. I do not think that it is a correct view. The lands are not belonging to the privileged persons rather they are belong to the raiyats and, therefore, the Bihar Privileged Persons Homestead Tenancy Act, 1947 is not applicable. The question of fixing the compensation amount is dependent on the B.R.B.C.L. Once the authority has agreed to make payment at a certain rate treating the lands to be homestead lands in accordance with Annexure-1, I do not see how the State Government can raise any objection to this fact. It is an agreement between the villagers and the B.R.B.C.L. Therefore, this Court finds that since the affidavit of the B.R.B.C.L. indicates that they have sent their consent and also stated that they are waiting for the approval of the State Government. It would be proper for the 4 B.R.B.C.L. to fix the compensation amount in accordance with their own undertaking. It would be in the interest of B.R.B.C.L. to conclude the Land Acquisition Proceeding by ensuring that the compensation amount is deposited with the Land Acquisition Officer expeditiously. This writ application is, thus, disposed of. Sanjay ( Sheema Ali Khan, J.)