RUKMINI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Petitioners are aggrieved by the order dated 2.6.2009 passed by the Land Acquisition Officer, Nalanda by which the Petitioners' objection under Section 9 of the Land Acquisition Act has been rejected.

(2.) The case of the Petitioners is that a Title (Partition) Suit, alongwith a prayer to set aside some of the sale deeds in favour of Respondent No. 6, had been filed before the Subordinate Judge, Nalanda. It is also the case of the Petitioners that an injunction petition had been filed for restraining the State authorities from paying the award amount to Respondent No. 6 The case of the Respondent No. 6, on the other hand, is that he is the valid purchaser of the lands in question from the heirs of Dhaka Mahto and from Pachu Mahto.

(3.) The objection application filed by the Petitioners has been rejected by the Land Acquisition Officer and the Land Acquisition Officer has directed that the award should be prepared in favour of Respondent No. 6. The order impugned indicates that the objection has been filed under Section 9 of the Act. Section 30 of the Act would be relevant for this purpose. Section 30 of the Act envisages that after the amount of compensation has been settled under Section 11, and if there is any dispute with respect to apportionment of the same or any part thereof, the person so aggrieved may file an application before the Collector for reference to the Court.