JHARKHAND STATE HOUSING BOARD Vs. AKHILESHWAR SINGH

JUDGEMENT

(1.) Jharkhand State Housing Board and its functionary, aggrieved by the order dated 4th of March, 2009 passed by the Division Bench of the Jharkhand High Court in LPA No. 248 of 2008 affirming the judgment and order dated 13th of May, 2008 passed by the learned Single Judge in W.P. (C) No. 216 of 2008, have preferred this special leave petition.

(2.) Leave granted.

(3.) Bereft of unnecessary details facts giving rise to the present appeal are that a Notification dated 22nd of July, 1964 was issued under Section 4 of the Land Acquisition Act for acquisition of different plots of land in Mouja Hirapur within the district of Dhanbad in the State of Jharkhand. Thereafter Gazette Notification under Section 6 of the Land Acquisition Act was issued on 17th of August, 1965. The acquisition was for the purpose of housing scheme to be executed by the predecessor-in-interest of the Appellants i.e. Bihar State Housing Board. Ultimately an award was made in the year 1976 and the predecessor-in-interest of the Appellants was handed over the possession of the land measuring 66.44 acres of land. Shri Ram Narayan Aggarwala, the predecessor-in-interest of the writ petititioner-Respondent No. 1 owned out of the acquired land an area of 0.36 acres of land i.e. 4 decimals of Plot No. 397, 3 decimals of Plot No. 398 and 29 decimals of Plot No. 399 of Mauja Hirapur. Separate award i.e. Award No. 80 was made in respect of this land. However, physical possession in respect of this 0.36 acres of land belonging to Shri Ram Narayan Aggarwala could not be taken, then as it had structure over it and was in occupation of said Shri Ram Narayan Aggarwala. Said Shri Ram Narayan Aggarwala did not accept the aforesaid award and filed an application for reference to the court of competent jurisdiction for enhancement of the amount of compensation. He further did not receive the amount of compensation and filed Writ Petition No. 212 of 1976 before the Patna High Court challenging the acquisition of the aforesaid piece of land. A Division Bench of the Patna High Court by its judgment dated 29th of April, 1997 dismissed the writ petition and upheld the acquisition.