BOKARO AND RAMGUR Vs. ADDITIONAL COLLECTOR

JUDGEMENT

(1.) Both these petitions have been filed by Messrs. Bokaro and Ramgur Limited, objecting to the proceeding for acquisition of land measuring 3.70 acres situated in village Sarle within the town of Hazaribagh. The proceeding has been started under the Land Acquisition Act, 1894 (Central Act 1 of 1894), hereinafter called 'the Act'. A notification under Section 4 of the Act, as it stands amended by the Land Acquisition (Bihar Amendment) Act. 1960 (Bihar Act 11 of 1961), was issued by the Addl. Collector of Hazaribagh sometime in early 1967. The petitioner-Company filed an objection before the Addl. Collector, a copy of which is annexure 1 to the writ application in C. W. J. C. No. 604 of 1969 objecting to the acquisition of the land on certain grounds. The objection filed by the petitioner-company was dismissed for default on the 14th of October, 1968. It was subsequently restored at the instance of the petitioner-company but was finally dismissed on the 1st of May, 1969. A declaration under Section 6 of the Act as it stands under the Bihar Amendment, however, had been issued by the Addl. Collector on the 19th October, 1968 after dismissing the objection of the petitioner-company on the 14th October, 1968. The petitioner-company has challenged the validity of this notification in C.W.J.C. No. 604 of 1969 chiefly on the ground that it was issued prior to the final rejection of the petitioner's objection on 1st May, 1969. At the time of the admission of this application on 14th July, 1969 it was stated that the application will be heard on the constitutionality of the sixth section of the Act as it stands amended by Section 5 of the Land Acquisition (Bihar Second Amendment) Act, 1956. It was also observed in the order admitting the application that if the State Government was so advised, they may issue a fresh declaration under Section 6 in view of the order rejecting the petitioner's objection under Section 5-A on the 1st May, 1969. A fresh declaration under Section 6 was issued on the 22nd July, 1969. C.W.J.C. No. 1174 of 1969 has been filed by the petitioner-company to challenge the fresh declaration a copy of which is annexure 4 to that writ application.

(2.) C.W.J.C. No. 1174 of 1969 was admitted on the 29th September, 1969. The previous writ application has become infructuous because the only point of substance which was available to the petitioner-company in that case, In view of the fresh declaration issued on the 22nd July, 1969. is not available to it. There is no question of considering the constitutionality of the sixth Section of the Act as it stands amended by the Land Acquisition (Bihar Second Amendment) Act, 1956, as the said Amending Act stands repealed by Section 2 of Bihar Act 11 of 1961. Mr. S.C. Ghose, learned counsel for the petitioner, however, has challenged the constitutional validity of the said section even as it stands after the Land Acquisition (Bihar Amendment) Act, 1960. Learned counsel has further submitted that the declaration, annexure 4. is invalid because it is not in conformity with the law and even on its face, the acquisition is not for a public purpose.

(3.) The facts are not In dispute. Since accepting a part of the contention in regard to the validity of the declaration under Section 6 made on July 22, 1969, I am going to set aside that notification which will necessitate making of a fresh declaration under Section 6 of the Act by the Addl. Collector, I think it advisable and necessary to decide the constitutional validity of the said section in C.W.J.C. No. 1174 of 1969 so that after the issuance of a fresh declaration under Section 6 of the Act, the point may not be open to be reagitated.