Re: I.A. No. 01/2024.

The aforenoted interlocutory application has been Patna High Court L.P.A No.123 of 2024(3) dt.08-05-2025 2/6 pressed for condoning the delay of 162 days in filing the appeal.

2. For the reasons stated in the application, the delay is condoned.

3. Interlocutory Application No. 01/2024 stands allowed.

Re: I.A. No. 03/2024.

4. Dr. K.N. Singh, the learned Additional Solicitor General assisted by Mr. Tuhin Shankar, presses I.A. No. 03/2024 for impleading NTPC as an intervenor in the present appeal, as the order impugned in the present case would affect the intervenor. The intervenor only would be required to pay compensation to the respondents/writ petitioners in accordance with Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short " RFCTLARR Act, 2013 ").

5. For the reasons stated in the application, I.A. No. 03/2024 is allowed.

6. NTPC Ltd. through its Deputy General Manager (HR), Muzaffarpur Thermal Power Station, Muzaffarpur, Patna High Court L.P.A No.123 of 2024(3) dt.08-05-2025 3/6 P.O-Kanti Thermal, District - Muzaffarpur (Bihar) is impleaded as respondent no. 7 in the present appeal.

7. Dr. Singh shall furnish a fresh memo of parties in the Registry of this Court within a period of three days.

Re: I.A. No. 02/2024

8. By the impugned order, the appellants/respondents in the writ petition, have been directed to pay to the writ petitioners compensation after calculating the same in accordance with RFCTLARR Act, 2013 within eight weeks from the date of filing a representation in that regard by the writ petitioners.

9. It appears that a notice was issued for acquisition of land on 15.11.2011. The acquisition was made under Section 17(2) of the Land Acquisition Act, 1894 as an acquisition in emergency for the purposes of construction of Ash Dyke Pipe Line, an extension of new unit of Muzaffarpur Thermal Power Station, Kanti in the district of Muzaffarpur. The land so acquired was consumed for the purpose for which it had been acquired. The 1894 Act mandates that in cases of acquisition under Section Patna High Court L.P.A No.123 of 2024(3) dt.08-05-2025 4/6 17(2) of the Act of 1894, the compensation has to be paid immediately. There is no specific provision in the Act with respect to filing an award within any particular time before the acquisition or vesting of the property or its consumption.

10. In the present case, the award, for some reason or the other, was passed only on 21.06.2016 i.e. after the new act of 2013 had come into existence.

11. Based on these facts, the leaned Single Judge held that the writ petitioners/respondents herein are entitled to be paid compensation in terms of RFCTLARR Act, 2013 .

12. The learned Advocate General while assailing the judgment has submitted that it reflects that the provisions contained in proviso to Section 24 (2) of the RFCTLARR Act, 2013 has been conflated with the provisions contained in Section 24(1) of the RFCTLARR Act, 2013, which are to be read disjunctively.

13. Even otherwise, for payment of compensation to be made under Section 24(2) of the RFCTLARR Act, Patna High Court L.P.A No.123 of 2024(3) dt.08-05-2025 5/6 2013, two conditions are required to be satisfied; namely, that the possession of the land should not have been taken and the compensation should not have been paid. There is a further exception that if 50% of the majority land holders have not been paid, that would not constitute payment at all but even it happens but the land acquired had been taken over, Section 24 (2) of the RFCTLARR Act, 2013 does not get activated.

14. As we have already noted, there is no necessity of immediately filing an award preceding the taking over the property in cases of acquisition under Section 17(2) of the Act of 1894; nonetheless the award has to be published.

15. In this case, merely because the award had been published after the promulgation of 2013 Act, the writ petitioners/respondents herein would not be entitled for any payment under the new Act of 2013 (also refer to Indore Development Authority vs Manoharlal And Ors , (2020) 8 SSC 129).

16. Let notices be issued to the respondents Patna High Court L.P.A No.123 of 2024(3) dt.08-05-2025 6/6 herein, by both modes i.e., under ordinary process as well as registered cover with AD, on steps being taken by the appellants for filing requisites etc. within a period of two weeks from today, returnable on 22.07.2025.

17. In the meantime, the operation of the impugned judgment shall remain in abeyance.

18. I.A. No. 02/2024 stands allowed.

(Ashutosh Kumar, ACJ) (Partha Sarthy, J) sunilkumar/-