BUDHI NATH JHA, Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard both sides.

(2.) The petitioners in both the writ petitions seek issuance of a writ in the nature of certiorari for quashing the entire proceeding of Land Acquisition Case No.444 of 1974-75 of the court of Land Acquisition Officer, Madhubani including the notification dated 14.01.1966, issued under the provisions of Section 4(i) of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') and subsequent declaration under Section 6 of the Act. The petitioners further pray for a direction to the respondent authorities not to interfere into the peaceful possession of the petitioners over the lands.

(3.) The facts bereft of unnecessary details but relevant are that the dispute is with regard to 30 acres of land situated in a compact block in village Mahdewa, Tilath and Deorh falling in Ghoghardiha circle of district Madhubani. The land was sought to be acquired for construction of buildings, work shops, hostels and staff quarters for Industrial Training Institute, Ghoghardiha. In 1996, the lands of village Mahdewa, Tilath and Deorh measuring 30 acres were sought to be acquired vide Land Acquisition Case No.444 of 1974-75 with notification dated 14.01.1966 but no notice was served on the landlords-petitioners. In the year 1968-69, the proposal was reconsidered by the Government of Bihar for shifting of I.T.I. from Ghoghardiha to Samastipur and the petitioners thought that the government shelved the idea of acquisition of land of the petitioners for construction of I.T.I., Ghoghardiha. The revisional survey was started in the year 1974-75. Raiyati khatihan were prepared in the name of the petitioners and the government accepted the rents. The petitioners remained in possession of the lands. All of a sudden in the month of February, 1993, the Circle Officer, Ghoghardiha, Madhubani, respondent no.8, along with the B.D.O., Ghoghardiha and the Officer-in-Charge, Ghoghardiha police station with armed forces came on the disputed lands and made inspection and started measuring the lands. The petitioners enquired from the respondent no.8 who replied that some lands were measured for the purpose of taking physical possession for construction of building for I.T.I., Ghoghardiha. Local Member of Parliament and local Member of Legislative Assembly along with other officials also came on the spot, laid the foundation stone and forcibly tried to take possession of the lands.