NATIONAL THERMAL POWER Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner in this application seeks to challenge all such awards in which the Court following references made to it under Section 18 of the Bihar Land Acquisition Act enhanced the amount of compensation determined by the Collector. A further prayer is made for quashing the demand for a sum of Rs. 2.25 crores in the letters dated 1.7.1992 (Annexure-3) and 14.12.1992 (Annexure-5) issued by the Collector, Bhagalpur for making payment of the enhanced amount of compensation ordered by the court. The petitioner's challenge to the enhanced awards and the consequential demand by the Collector is based on the simple plea that the amount of compensation awarded by the Collector was enhanced by the Court without impleading the petitioner in the references under Section 18 of the Act and without giving it a notice or an opportunity of hearing in this matter.

(2.) The material facts are brief and without much controversy. It was decided that the Corporation should construct and establish a Super Thermal power Station at Kahalgaon, Bhagalpur. In order to make available to it, the land required for the purpose, a requisition was made to the Collector, Bhagalpur for acquisitioning nearly 3500 acres of land for the petitioner Corporation. There were discussions and correspondence between the Collector and the petitioners in this regard following which the Collector vide his letter dated 12.2.1985 asked the petitioner to place at his disposal a sum of Rs. 10.50 crores as the value of the lands to be acquired (Calculated @ Rs. 35,000/- per acre approx. as the market rate at the material time) and an additional sum of Rs. 200,000/- for meeting the contingent charges likely to be incurred in course of the acquisition proceeding. Thus, a total sum of Rs. 10.52 crores was required to be placed at his disposal.

(3.) It is stated by the petitioner that it made payments from time to time and by 30.3.1987 a total of Rs. 2.19 crores was deposited with the Collector.