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Patna High Court

Ramautar Mahto @ Ramotar MahtoversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The heirs are granted liberty to pursue the compensation claim, and the writ petition is disposed.

Summary

The petitioner, Ramautar Mahto, sought writs directing the State and NTPC to decide on compensation, interest, and solatium for 2.73 acres of land acquired for a thermal power project, invoking the Rehabilitation Policy of 2007. The respondents, including NTPC officials, contended that most landholders had already been compensated and were not eligible for further payment under the new Act. The petitioner’s sole representative had died, prompting a request to allow the heirs to continue the claim. The court noted the heirs' right to pursue enhanced compensation before the appropriate authority. Consequently, the court granted liberty to the heirs to agitate the matter and disposed of the writ petition.

Issues considered

  • Whether the heirs of a deceased petitioner can continue a writ petition for compensation under land acquisition law
  • Whether the petitioners are entitled to additional compensation, interest, and solatium under the Rehabilitation Policy of 2007 and the new acquisition Act

Subjects

  • land acquisition
  • compensation
  • solatium
  • heirs
  • writ petition
  • NTPC
  • rehabilitation policy
  • civil writ jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.1359 of 2018
                 ======================================================
                 Ramautar Mahto @ Ramotar Mahto Son of Late Puna Mahato, resident of
                 Village- Kanhaipur, P.S.- Mokama, District- Patna.

                                                                             ... ... Petitioner/s
                                                      Versus
           1.    The State Of Bihar
           2.    The Union of India through the Secretary, Energy Department, New Delhi.
           3.    The Secretary, Directorate of Land Acquisition, Patna Bihar.
           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.
           7.    The General Manager, N.T.P.C. Barh, P.O. P.S. Dstrict- Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr.Bhim Sen Prasad, Advocate
                 For the NTPC           :        Mr. Amaresh Kumar Sinha, Advocate
                                                 Mr. Vaibhave Narayan, Advocate
                 For the Respondent/s   :        Mrs. Nutan Sahay, AC to AAG-12
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   12-01-2026                   Heard the parties.

                                 2. The present petition has been preferred for the

                   following relief/s:

                                            (i) for issuance of appropriate writ(s),

                                            order(s) and direction(s) commanding the

                                            respondents to consider and take decision

                                            with a reason order in accordance with the

                                            Statute as well as Rehabilitation Policy of

                                            2007 as amended till date with regard of

                                            interest as well as amount of solatium on the
Patna High Court CWJC No.1359 of 2018(3) dt.12-01-2026
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                                  due payment of acquired the land having

                                  area of 2.73 Acres of the petitioner situated

                                  at Mauza- Sarhan, Bhage-1 Thana No. 13,

                                  P.S. Pandarak, District Patna in the name of

                                  father of the petitioner namely Puna Mahto

                                  and others by the collector, Patna by the

                                  State Government for Thermal Power of

                                  National Thermal Power Corporation Bank

                                  in    L.A.      Case   No.   20/2005-06   and

                                  accordingly indemnity Bond was submitted

                                  by the petitioner and for direction to other

                                  relief(s) for which the petitioner is legally

                                  entitled..

                       3. The counter affidavit of respondents no. 6 and 7

          who are officials of National Thermal Power Corporation, Barh,

          Patna is on record, according to which, most of the land holders

          have been paid compensation and they are not entitled to the

          payments under new Act.

                       4. Learned counsel for the petitioner submits that the

          sole petitioner is no more and in view of the aforesaid counter

          affidavit that has come from the NTPC , liberty be granted to the

          heirs to agitate the matter, if they so want, as admittedly, the
         Patna High Court CWJC No.1359 of 2018(3) dt.12-01-2026
                                                     3/3




                   family was not satisfied with the compensation amount granted

                   earlier.

                                5. Granting liberty to the heirs, as the sole petitioner

                   is no more, to agitate the matter before an appropriate

                   authority/Court for enhanced compensation, the writ petition is

                   disposed of.



                                                 (Rajiv Roy, J)
Ravi/-

U


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