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Judgment
Heard learned counsel for the appellants and learned
counsel for the State.
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.
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.
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.
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.
Appeals stand disposed of with the observations as
above.
