RAM GBPAL GOEL S/O LATE MAHABIR PRASAD GOYAL Vs. STATE OF BIHAR, THROUGH THE PRINCIPAL SECRETARY-CUM-COMMISSIONER, ROAD CONSTRUCTION DEPARTMENT, BIHAR, PATNA

JUDGEMENT

(1.) Having heard counsel for the petitioners, the State and the counsel for the Competent Authority-cum-District Land Acquisition Officer, Araria, respondent no. 5 and the Project Director, National Highway Authority of India, Araria at Purnia (hereinafter referred to as the NHAI) on 29.4.2010 orders in the case was reserved directing the counsel for the parties to file their written argument by 7.5.2010, in compliance whereof counsel for the Project Director, respondent no.7 filed his written argument on 7.5.2010, which is taken on record but counsel for the petitioners and the Competent Authority-cum-District Land Acquisition Officer, Araria, respondent no. 5 have not filed any written submission, in the circumstances, this order is being passed without the benefit of the written submission of the counsel for the petitioners and the Competent Authority, respondent no. 5.

(2.) Petitioners are the land holders whose lands are situate in the district of Araria and have been acquired for widening of NH-57. They have filed this writ application praying inter alia to direct the Competent Authority-cum-District Land Acquisition Officer, Araria, Respondent no. 5 and the Project Director, NHAI, Araria at Purnea, respondent no. 7 to pay compensation of the lands acquired in terms of the provisions contained in the National Highways Act, 1956(hereinafter referred to as the Act) and the Bihar Land Acquisition and Rehabilitation Policy, 2007 (hereinafter referred to as the 2007 Policy) contained in memo No. 395 dated 19.2.2007, Annexure-E to the counter affidavit of the competent authority.

(3.) It is submitted on behalf of the petitioners that the 2007 Policy was modified under letter No. 1161 dated 23.5.2007, Annexure-F to the counter affidavit and the policy is made applicable to even those cases of land acquisition in which award was published prior to 19.2.2007 but neither compensation amount to the extent of 80% was paid to the land owner/raiyat nor possession was delivered to the authority. Learned counsel in support of the aforesaid contention has relied on the orders of this Court dated 25.8.2009 passed in C.W.J.C. No. 5296 of 2009, Annexure-1 to the writ application in which the Union of India, Managing Director and the Project Director, NHAI submitted before this Court that the matter has been resolved and as per the decision taken by NHAI, the circular of the State of Bihar has been accepted for fixation of land compensation. It is submitted with reference to the aforesaid resolution of the NHAI quoted under order dated 25.8.2009 that not only the policy resolution dated 19.2.2007 but also its clarification made under letter dated 23.5.2007 is applicable for determination and payment of compensation amount to the petitioners and others whose lands have been acquired for widening of NH-57. Learned counsel for the petitioner further submitted that after acquisition of the lands of the petitioners for widening of NH-57 award was made and signed by the competent authority on 31.1.2007 and thereafter sent to the Project Director for approval. After approval from the Project Director the compensation amount was paid to the petitioners on 7.6.2007. It is submitted that as neither the petitioners were paid compensation nor possession of the land was delivered to the NHAI prior to 19.2.2007, petitioners became entitled for payment in terms of the 2007 Policy in view of paragraph-3 of the clarification made under letter dated 23.5.2007.Appreciating the aforesaid factual aspect the competent authority published the revised award and forwarded the same along with the estimate for approval by the Project Director under letter No. 228 dated 25.9.2007 issued under the signature of the Collector, Additional Collector and the District Land Acquisition Officer, Araria, which is contained in Annexure-C to the counter affidavit of the competent authority. The Project Director having received the letter dated 25.9.2007 under letter No. 1435 dated 1.2.2009, Annexure-D to the counter affidavit informed the competent authority that award in the case of the petitioners having been published on 31.1.2007 i.e. before coming into force of the 2007 Policy and petitioners having received the compensation amount on 7.6.2007 are not entitled for payment of compensation amount in the light of 2007 Policy. NHAI subsequently accepted the 2007 Policy before this Court as is evident from order dated 25.8.2009, the competent authority under letter No. 386 dated 2.12.2009, Annexure-G requested the Project Director to approve the revised award dated 30.11.2009 in the light of 2007 Policy and its clarification dated 23.5.2007 as the raiyats/land owners whose lands have been acquired under award dated 31.1.2007 were paid compensation amount on 7.6.2007 and possession was delivered thereafter. The request of the competent authority made under letter dated 2.12.2009 to approve the revised award in the case of the petitioners was not accepted by the Project Director and petitioners have approached this Court for a direction to the Project Director to approve the revised award dated 30.11.2009 submitted under letter dated 2.12.2009 for his approval.