IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16640 of 2011 Birja Yadav, son of late Dhanukh Yadav, resident of Village- Akadhara Post Pirauta, P.S. Nabinagar, District- Aurangabad (Bihar)... ….Petitioner Versus 1. The State Of Bihar, 2. The Principal Secretary Revenue and Land Reform Department, Government of Bihar, Patna, 3. The Director Land Acquisition Department, Government of Bihar, Patna, 4. The District Magistrate cum-Collector, Aurangabad, 5. The District Land Acquisition Officer, Aurangabad, 6. The Block Development Officer Nabinagar Block District Aurangabad, 7. The Anchal Adhikari Nabinagar Anchal, District- Aurangabad, 8. General Manager, Nabinagar Thermal Power Project, Bhartiye Rail, Bijlee Company Limited Site Office, Satendra Nagar, Aurangabad, and Chief Executive Officer, Nabinagar, Thermal Power Project Bhartiye Rail Bijlee Company Limited, Head Quarter First Floor Vidyut Bhawan, Baily Road, Patna…. ..Respondents ----------- For the Petitioner : Mr. Anil Kr. Singh No.6, Advocate For the State : Mr. Krishna Chandra, Advocate For the BRBCL : Mr. Anil Kumar Sinha, Advocate …………………. 2 26.09.2011 Learned counsel for the petitioner is permitted to implead Nabinagar Thermal Power Project, Bhartiye Rail Bijlee Company Ltd. through its General Manager as a party-respondent. Heard learned counsel for the petitioner, the State and Bhartiye Rail Bijlee Company Ltd. 2 Petitioner seeks 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 him 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, accordingly, compensation would be calculated, disposed of with a direction to fix compensation amount as per decision. 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 3 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.)