Shibli Nomani v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3320 of 2016 ====================================================== Shibli Nomani S/o Late Abdul Sattar resident of village - Jadopur, P.O. Gowasha Shekhpura, P.S. Pandarak, Barh, District - Patna, Present resident at A/95, Ali Nagar Colony, P.S. Gardanibagh, P.O. Anishabad, Patna 800002 ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Union of India through the Secretary Energy, New Delhi 3.

The Secretary, Revenue and Land Reforms Department, Bihar, Patna 4.

The Collector, Patna District Patna 5.

The District Land Acquisition, officer, Patna 6.

The Chief General Manager, East Zone, N.T.P.C., Patna, Bihar 7.

The General Manager, N.T.P.C. Barh, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajiv Ranjan, Advocate For the State :

Mrs. Nutan Sahay, AC to AAG-12 For the UOI :

Mr. Kanak Verma, Advocate For the NTPC :

Mr. Amaresh Kumar Sinha, Advocate :

Mr. Vaibhav Narayan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 15-07-2025 Heard the parties.

2. The present petition has been preferred for the grant of following relief(s):

"for issuance of writ/writs, direction/directions, order/orders for commanding authorities to declare/ for enhancement of 100% Awards amount of Awards No. 96, 30, and 86 without date these awards are prepared 2009 in L.A.

Case No. 03 of 2004-05 which is in respect of acquired land for N.T.P.C. bearing Khata No.

368,444,444,352(k) and 444, Kheshra No. 131,

Patna High Court CWJC No.3320 of 2016(2) dt.15-07-2025 2/3 118, 121, 127 and 120 Total Area 6.4221 Acre situated in Mauza- Sharhan (Mule Bhag) Thana No. 13, P.S. Pandarak, Barh, District- Patna which is the land of the petitioner namely Shibli Nomani said Awards have been prepared violating the statutory/provisions the of the new amended act and Bihar Land Acquisition Act, 1894 and also violation of New Policy/Scheme which is "Sankalp Number15/D.L.A. Scheme (Re-habilitation) 07/06-395/Ra dated 19.02.2007 and violation of provisions bearing 1.1-II and III and 1.2-II, (Ka) and (Kha) Bihar Land Acquisition (Re-established) and (Rehabilitation) Scheme-2007, Gyapank- 15/D.L.A. Scheme (Re-established) 07/06-747/Ra dated 13.05.2008." The Awards amount should be calculated according to New Policy 2007 and interest should be calculated according to L.A. Act- 1894.

For the above mention illegal Awards for amount had illegally been prepared acquisition of land of the petitioner for National

Patna High Court CWJC No.3320 of 2016(2) dt.15-07-2025 3/3 Thermal Power Corporation, Barh, Patna."

3. Mrs. Nutan Sahay, learned AC to AAG-12 at the outset submits that the petitioner has to move before the Land Acquisition Rehabilitation and Resettlement Authority (henceforth for short 'the LAARA').

4. Learned counsel for the petitioner submits that he shall be approaching 'the LAARA' for the redressal of his grievance in next four weeks.

5. If the petitioner approaches in the aforesaid period, 'the LAARA' shall take the matter, after putting the parties on notice and hearing them, shall be taking a decision preferably by 31st of December, 2025.

6. It is further made clear that if the petition is preferred within four weeks from today, the concerned authority shall take into consideration that the petitioner's writ petition was pending before this Court while dealing with the limitation petition.

7. The writ petition stands disposed of.

(Rajiv Roy, J) vinayak/- U