STATE OF BIHAR Vs. G H GRANT

JUDGEMENT

(1.) This appeal arises out of a land acquisition proceeding, A large area of land, comprised of several plots, appertaining to the Dumka Estate, which belonged to Dr. G. H. Grant, was sought, to be acquired by the Government for an agricultural farm at Dumka. The notification under Section 4 of the Land Acquisition Act (hereinafter to be referred to as the Act) was made on the 30-5-1949, & was published in the Bihar Gazette of 8-6-1949. The declaration, as required by Section 6 of the Act, was made on 17-8-1951, and was published in the Bihar Gazette of 29-8-1951. The Collector made an award, under Section 11 of the Act, on 25-3-1952, and filed the same in his office, as required by Section 12 of the Act. One of the plots under acquisition is plot No. 142, lying in village Phutabandh (Dumka), having an area of 6.26 acres. The compensation for this plot fixed under the award, including the additional compensation amounted to Rs. 575-14-0 half of which has been awarded to the proprietor, Dr. G. H. Grant, and the other half to the members of the Phutabandh Village Community. Both Dr. Grant and the Phutabandh Village Community, being dissatisfied with the amount of compensation awarded by the Collector, made applications under Section 18 of the Act for a reference to the Court for determination of the same.

(2.) It appears that, on 23-5-1952, the interest of the proprietor, Dr. Grant, vested in the State of Bihar under the provisions of the Land Reforms Act: The possession of the lands acquired was taken by the Collector on 21-8-1952. The Government Pleader, Dumka then, on 15-10-1952, submitted a report that, since the estate of Dr. Grant vested in the State of Bihar, the compensation payable to Dr. Grant should be paid to the State of Bihar. He, therefore, prayed that this matter also should be referred to the Civil Court for decision under Section 30 of the Act.

(3.) All the three applications, namely, the two applications under Section 18 of the Act, one made by Dr. G. H. Grant, and the other made by the Phutabandh Village Community, and the third application under Section 30 of the Act made on behalf of the State, were heard together by the learned District Judge of Santal Parganas at Dumka, who, on a consideration of the location and the suitability of the land for homestead purposes, fixed the value at Rs. 70-0-0 per katha, which, on being worked out comes to Rs. 4,231-8-0 per acre aS to the apportionment of the compensation money between Dr. Grant and the Phutabandh Village Community, the learned District Judge affirmed the award of the Collector that the same should be payable to them half and half. With respect to the contention raised on behalf of the State of Bihar that, after the vesting of the estate of Dr. Grant in the State of Bihar, the compensation payable to Dr. Grant should be paid to the State of Bihar, the learned District Judge held that the title to the land acquired vested in the Government on the making of the award by the Collector under Section 11 of the Act, and as on the date of making the award, the State of Bihar was not in the picture, the compensation should be paid to Dr. Grant, and not to the Stats of Bihar. The State of Bihar being thus aggrieved, has presented this first appeal in this Court.