PATNA IMPROVEMENT TRUST Vs. LAKSHMI DEVI

JUDGEMENT

(1.) In these appeals by special leave against the judgment and order of the High Court of Patna a common question of law arises as to the interpretation of the provisions relating to acquisition under the Bihar Town Planning and Improvement Trust Act 1951, Act 35 of 1951, hereinafter called the "Bihar Act" and whether the notifications issued by the State Government under S. 4 of the Land Acquisition Act were valid. The appellant in all the appeals is the Patna Improvement Trust but in all the four appeals the respondents are different persons.

(2.) On January 19, 1961, the Government of Bihar issued a notification under S. 4 of the Land Acquisition Act of 1894 proposing to acquire an area of 407.85 acres of Land in the City of Patna at the expense of the Patna Improvement Trust for a public purpose viz. for development of residential neighbourhood, to provide for housing facilities for various income groups and to facilitate the planned growth of the City of Patna. By another similar notification of the same dale the State of Bihar proposed to acquire 54.08 acres of land. The respondents challenged the legality of the notice under S. 4 of the Land Acquisition Act by their respective applications for writs under Art. 226 of the Constitution. These notifications were quashed by a writ in the nature of certioraris by the High Court of Patna and against that judgment and order the Patna Improvement Trust has brought these appeals by special leave.

(3.) In order to determine the legality of the notifications in dispute it is necessary to examine the various provisions of the Bihar Act. Chapter II of that Act provides for the constitution of Improvement Trusts and other matters connected. therewith and S. 3 therein vests in the Improvement Trust the duty of carrying out the provisions of the Bihar Act in any local area. Chapter III deals with Improvement schemes. Section 46 in that chapter provides for the preparation, publication and transmission of notices as to improvement schemes. Under that section when an improvement scheme has been framed the trust is required to prepare a notice stating the framing of the scheme, the boundaries of the areas comprised in the scheme and certain other particulars in regards to land which it is proposed to acquire and that notice has to be published in the manner therein provided. Under S. 48, within 30 days following the publication of the notice under S. 46 the Trust has to serve a notice on various persons mentioned therein including persons whose land is proposed to be acquired. Such notice shall require any person to whom a notice is issued if he objects to the acquisition to state his reasons within sixty days. By S. 71 of the Bihar Act for the purpose of acquiring land for the Trust under the Land Acquisition Act certain provisions of the Land Acquisition Act have been modified. That section reads: