NTPC, KAHALGAON Vs. RAMAUTAR SAH & ANR.

JUDGEMENT

(1.) IN view of order dated 7.2.2008 passed by Hon'ble Single Judge in F.A. No. 13 of 2005 as well as order dated 26.9.2007 passed by another Hon'ble Judge in Civil Revision No. 1193 of 2007, the instant I.A. No. 3042 of 2005 filed by the appellant in the First Appeal is listed before this Court 'For Orders (On Petition)' alongwith Civil Revision No. 1193 of 2007. Heard learned counsel for the appellant and learned counsel for the respondents.

(2.) I .A. No. 304 of 2005 has been filed on behalf of the sole appellant for stay of further proceeding of Land Acquisition Case No. 04 of 2004 pending in the Court of Land Acquisition Judge, Bhagalpur during the pendency of First Appeal No. 13 of 2005.

(3.) THIS first appeal has been admitted by this Court on 5.12:2005 whereafter the aforesaid interlocutory application has been filed on behalf of the appellants whereafter reply/rejoinder was filed on behalf of respondent No. 1 and supplementary affidavit ete. were also filed by the appellants. However, it is an admitted fact that about six acres of land of Kahalgaon (Bhagalpur) including the lands of respondent No. 1 were acquired in the land acquisition proceeding. It appears that notification under Section 4 of the Land Acquisition Act was published in the year 199Q and the appellant got possession of the said land in the year 1991. However, after considering the facts and circumstances of the case, the Land Acquisition Judge has fixed the rate of the said land at Rs. 2,000/ - per decimal.