IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2623 of 2011 1. RAM CHANDRA RAM SON OF LATE GHURA RAM R/O- VILLAGE MANGABAR, P.S.- NABI NAGAR, DISTRICT- AURANGABAD. 2. LAKXUMAN RAM, SON OF LATE GHURA RAM R/O- VILLAGE MANGABAR, P.S.- NABINAGAR, DISTRICT- AURANGABAD 3. MANTI DEVI, D/O- LATE RAMAN RAM, R/O- VILLAGE MANGABAR, P.S.- NABINAGAR, DISTRICT- AURANGABAD 4. RAMA SHISH RAM S/O- LATE MUNESHWAR RAM, R/O- VILLAGE MANGABAR, P.S.- NABINAGAR, DISTRICT- AURANGABAD. 5. KAMESHWAR RAM, S/O- PARMESHWAR RAM, R/O- VILLAGE MANGABAR, P.S.- NABINAGAR, DISTRICT- AURANGABAD. Versus 1. THE STATE OF BIHAR 2. THE DIRECTOR, DEPARTMENT OF LAND REFORMS, GOVERNMENT OF BIHAR, PATNA. 3. THE DISTRICT COLLECTOR, AURANGABAD. 4. THE DISTRICT LAND ACQUISITION OFFICER, AURANGABAD. 5. THE ADDITIONAL COLLECTOR, AURANGABAD 6. THE ANCHAL ADHIKARI, NABI NAGAR, AURANGABAD. 7. NATIONAL THERMAL POWER CORPORATION THROUGH ITS MANAGING DIRECTOR, SCOPE COMPLEX, INSTITUTIONAL AREA, LODHI ROAD, NEW DELHI. 8. THE GENERAL MANAGER, NABI NAGAR THERMAL POWER PROJECT, BHARTIYA RAIL BIJLEE COMPANY LTD. NABI NAGAR, DISTRICT- AURANGABAD. For the petitioners : Mr. Bajarangi Lal, Advocate For the State : Mr. Anant Kumar, A.C. to A.A.G.-II For the N.T.P.C. : Mr. Anil Kumar Sinha, Advocate. - ---------- 3 11.03.2011 Heard Learned counsel for the petitioners, the State and respondent National Thermal Power Corporation. Petitioners seek a direction upon the respondents to consider their case for compensation as their lands have been acquired for construction of Navi Nagar Thermal Power Project. It is the case of the petitioners that they had acquired certain piece of land by sale deed or settlements made by ex-landlords and were in actual physical possession till acquisitions of the land. 2 It is the contention of the petitioners that several other raiyats whose lands had been acquired without paying compensation had approached this Court in C.W.J.C. No. 14314 of 2009 which was considered and disposed of by a common order dated 3.11.2009 (Annexure-5) which was disposed of by different orders as contained in Annexures- 5 and 5/1. It was contended on behalf of the petitioners that the present application should also be disposed of in the light of aforesaid orders passed by this Court. Learned counsel for the State as well as N.T.P.C. had prayed for at least one adjournment enabling them to file counter affidavit, if any. Considering the said prayer, this Court by order dated 10.2.2011 adjourned the matter for four weeks. Today, learned counsel for respondent No. 8 submits that he has not received any instruction. Learned A.C. to A.A.G.-II submits that the present application may be considered in the light of earlier orders passed by this court as contained in Annexures-5 series. Learned counsel for the petitioners submits that similar applications were preferred by other land holders/raiyats which were disposed of by different orders contained in Annexure-5 series. It appears from Annexure-5 series that the said writ petition (C.W.J.C. No. 14314/2009) 3 was disposed of by this Court in the following manner: “Having heard the counsel for the petitioner and the State I direct the petitioners to file a petition before the Land Acquisition Officer, Aurangabad annexing the photo copy of the title document in support of their contention that they are the owners of the lands detailed in paragraph 10 of the petition and if the Land Acquisition Officer is satisfied by perusing the title documents that the petitioners are the owner of the lands detailed in paragraph 10 of the petition which has been acquired for the purpose of Thermal Power Project, Nabinagar then petitioners be paid compensation in terms of the provisions of the Act as early as possible, in any case, within a reasonable time not exceeding three months from the date of filing of the petition. In this connection petitioners should file their petition along with their document and a photo copy of this order before the Land Acquisition Officer within two weeks from the date of receipt of the certified copy of this order and thereafter the Land Acquisition Officer should consider the request within another one month.” Having heard the parties, this Court disposes of the present application in the same manner. Petitioners would file a representation/petition before respondent No. 4 (District Land Acquisition Officer, Aurangabad) annexing all documents of title/possession in support of their claim. If the Land Acquisition Officer is satisfied that the lands on which the petitioners had bona fide right, title and interest and that they were acquired for construction of Navi Nagar Thermal Power Project, then the petitioners shall be paid compensation in terms of the provisions of the Act as early as possible, in any case, within a reasonable time not 4 exceeding three months from the date of filing of the petition. The petitioners are required to file their petitions along with photo copy of this order before District Land Acquisition Officer, Aurangabad within three weeks from today. pkj (Kishore K. Mandal, J)