JETHMULL BHOJRAJ Vs. STATE OF BIHAR

JUDGEMENT

(1.) In these appeals by certificate, the only question that arises for decision is whether on the facts and in circumstances of these cases, the Government of Bihar was competent to withdraw from acquisition certain lands sought to be acquired under Acquisition Cases Nos. 3 and 4 of 1959-60 before the Additional Land Acquisition Officer, Hazaribagh.

(2.) The Lands concerned in these cases were notified for acquisition in 1959 under Section 4 of the Land Acquisition Act, 1894 (to be hereinafter referred to as the Act) under two different notifications. At about same time, the Government also took action under Section 17 (4) of the Act and dispensed with proceedings under S. 5-A. Simultaneously notifications under Section 6 were also issued. Thereafter proceedings under Section 9 and 11 were taken. When the acquisition proceedings were pending before the Land Acquisition Officer, the Government withdrew from acquisition some of the lands earlier notified under Sections 4 and 6. Consequently the Land Acquisition Officer excluded the compensation in respect of those lands from the computation made by him earlier. The appellant (common appellant in both the appeals) being aggrieved by that exclusion moved the High Court of Patna under Article 226 of the Constitution seeking directions from that Court to the Land Acquisition Officer to award him compensation in respect of those lands as well. The High Court rejected those writ petitions. Hence these appeals.

(3.) The lands in question are situate in the villages of Telaiya and Debipur. On June 11, 1948, they were notified under Section 14 and 21 of the Bihar Private Forest Act, 1947. Thereafter they were again notified under Section 29 of the Indian Forest Act in 1953 and 1954. Later on the Government felt that in order to include those lands in the adjoining Government forest, it would be necessary to acquire them. Consequently they were notified for acquisition. But after the lands in question were tentatively valued, the Government thought that it was not worthwhile to acquire entire area notified for acquisition. Hence it withdrew from acquisition a substantial portion of lands notified for acquisition. These in brief are the material facts.