Patna High CourtC. REV./192/2017disposed

Mahboob Azim And ANR v. The State Of Bihar And ORS

2017-11-01The Chief Justice,Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.192 of 2017 In LPA 780 of 2015 ======================================================

1. Mahboob Azim, son of late Iftikhar Ahmad

2. Most. Nando Devi, wife of late Baikunth Gope, both residents of VillageShekhpura, P.S. Pandarak, Barh, District- Patna. .... .... Petitioners

Versus

1. The State of Bihar.

2. The Union of India through the Secretary, Department of Energy, Central Secretariat, New Delhi.

3. The Secretary, Land and Revenue Department, Patna, Bihar.

4. The Collector, Patna District, Patna.

5. The District Land Acqisition Officer, Patna District- Patna.

6. The Chief General Manager, East Zone, N.T.P.C. , Patna.

7. The General Manager, N.T.P.C. , Barh, Patna. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Avinash Kumar with Mr. Rajiv Ranjan, Advocates For the State : Mr. Rakesh Ranjan, A.C. to AAG 12 For the Union of India : Ms. Chhaya Mishra, C.G.C. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 01-11-2017 The delay in filing of the application is condoned. I.A.No. 6109 of 2017 stands allowed and disposed of. While disposing of LPA No. 780 of 2015 on 17.8.2016 this Court took note of the fact that 80% of compensation was paid to the petitioners on 15.1.2007. However, it is seen that publication of the Scheme itself was done much after the said date, 15.1.2007, on 19.2.2007 and learned counsel for the petitioners

Patna High Court C. REV. No.192 of 2017 (3) dt.01-11-2017 2/2 points out that even there is an error in recording the statement that 80% of compensation was not paid on 15.1.2007, it was actually paid on 3.5.2007, much after the Scheme was published on 19.2.2007 (incorrectly mentioned as 17.2.2007). Taking note of the aforesaid and the liberty granted to the petitioners by the Supreme Court in Special Leave to Appeal (C) No.5728 of 2017 that petitioners to apply to the High Court for seeking review, this application is allowed.

LPA No. 780 of 2015 will be heard afresh. Keeping in view the aforesaid, LPA No. 780 of 2015 is restored to its original record and be placed before an appropriate Bench. (Rajendra Menon, CJ) (Ahsanuddin Amanullah, J) spal/- U