KUNDAN KUMAR SON OF SRI KANT PRASAD SHARMA Vs. STATE OF BIHAR THROUGH THE SECRETARY/COMMISSIONER, DEPARTMENT OF REVENUE, GOVT.OF BIHAR, PATNA

JUDGEMENT

(1.) HEARD learned counsel for the petitioner State as also counsel for the National Thermal Power Corporation, Barh, Patna (herein after referred to as "the NTPC").

(2.) PETITIONER has raiyati interest in plot nos.1156, 1157 and 1 158, appertaining to khata nos. 305 and 227 of Village Dhibar within Pandarak Block in the district of Patna. He has filed this writ application for quashing the notification under Section 4, declaration under Section 6 and notice under Section 9 of the Land Acquisition Act published/issued acquiring the aforesaid three plots to the extent of 0.31, 0.21 and 0.11 decimals of land for the purpose of laying the water pipeline for the cooling plant of the super thermal power plant at Barh, Patna. It is submitted on behalf of the petitioner that the aforesaid three plots were never part of the route map, which was drawn and approved by the corporate office/engineers of the NTPC but on account of influence of the local politicians the officers serving the camp office of the NTPC at Barh, Patna made departure and included the three plots in the route map without the approval of the corporate office/engineers. In this connection, it was pointed out that earlier father of the petitioner had filed C.W.J.C. No. 13973 of 2005 on 11.11.2005 praying inter alia to direct the State respondents not to acquire raiyati lands of the petitioner in the aforesaid three plots as the three plots were never part of the route approved by the corporate office/engineers for laying the water pipeline for the cooling plant of the super thermal power plant but the local officers in order to help the local contractor made departure in the route originally approved and included the aforesaid three plots in the route map dated 30.1.2004, which is contained in Annexure -3 to the earlier writ application.

(3.) THE authorities of the NTPC, Barh filed counter affidavit in the aforesaid writ application, which is dated 30.10.2006. In Paragraph Nos. 9. 12 and 15 of the counter affidavit it was stated that the route of the pipeline for the cooling towers of the proposed super thermal power plant at Barh has been designed by the corporate officer/engineers. New Delhi taking into consideration the technical feasibility, ecological factors and economic cost. It was further averred that various options were considered and taking into consideration the least human displacement, the design was finalized by the corporate office/engineers at New Delhi and the route map approved by the corporate office/engineers is dated 29.8.2003, which was annexed with the said counter affidavit as Annexure -A. Map, Annexure -A appended with the said counter affidavit, however, did not indicate that the proposed pipeline passed through plot nos. 1156, 1157 and 1158. The Court having noticed such omission in the map dated 29.8.2003 and averment to the contrary made in paragraph -12 of the counter affidavit that acquisition of plot nos. 1156. 1157 and 1158 was sanctioned by the corporate office of NTPC on the basis of which requisition was submitted by the camp office of NTPC, Barh on 20.7.2004, under orders dated 20.11.2006 directed the authorities of the NTPC to file supplementary counter affidavit clarifying the averments made in paragraph nos. 9, 12 and 15 of the said counter affidavit.