High CourtsDIVISION BENCH(2017) 10 PAT CK 0004

Md. Jabbar S/o Md. Ismail vs Neelam Devi W/o Pramaod Mandal

Patna High Court · Decided on 4 October 2017

HON’BLE JUDGES
Ajay Kumar Tripathi, Rajeev Ranjan Prasad
RESULT
Disposed off
CASE NUMBER
281 of 2015

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Judgment

27 paragraphs · 317 words
1.

Heard learned counsel for the appellants and learned

counsel for the State.

2.

Vide order dated 10.05.2016 the Division Bench had

already extracted the observation dated 10.04.2015 which was an

interim order passed in LPA No. 1017/2014 (The Bihar Bhoodan

Yagana Committee Vs. Neelam Devi & Ors.). The same reads as

under:-

"... There is third set of persons who claim that the land was settled on them in 1971. In this scenario proper course would be to direct the authority to deposit the compensation amount in the competent civil court under Section 30 of the Land Acquisition Act so that the persons or agencies entitled to compensation can be identified." 3. We have nothing further to observe or add over and

above what has already been taken note of in this dispute. The Court

in fact had these appellants in mind while talking about third set of

persons who also are claiming to be the settlee.

4.

These facts cannot be adjudicated by us in appeal when

these persons were not there before the Writ Court earlier but now

want to join the litigation and obtain some kind of observation in their

favour which will give them a leg to stand in the dispute.

5.

We can only observe that the procedure is there, the law

is there and appropriate legal advice thereof should be given to these

appellants to assert their claim and establish their right for being

identified as one of the beneficiaries or persons who can demand or

beget compensation because as per them even their land as a settlee

was acquired as is their stand which will be required to be established

before the forum.

6.

In absence of such materials, the best forum would be

the forum of a competent civil court under Section 30 of the Land

Acquisition act.

7.

Appeals stand disposed of with the observations as

above.