RAGHVENDRA SINGH Vs. KISANVIKAS SAMITTEE

JUDGEMENT

(1.) CWJC No. 4973 of 2001 has been preferred with the prayer to issue a writ of certiorari quashing the order of the District Collector, Rohtas (Sasaram), passed in Misc. Case No. 32 of 2000, whereby he has rejected the claim of the petitioner for getting compensation for the lands acquired by the authorities under the provisions of the Land Acquisition Act, 1894 (hereinafter referred to as the Central Act), with the further direction to the respondents to make payment of the compensation amount to the petitioner. CWJC No. 11559 of 2001 has been preferred for a similar relief. Both raise common questions of law and are, therefore, being disposed of by a common judgment.

(2.) THE facts are entirely taken from CWJC No. 4973 of 2001. The basic facts to adjudicate the questions of law common to both. Therefore, there is no need to state the facts of CWJC No. 11559 of 2001. The Indian Railways requisitioned on 18.12.98 lands for setting up the broad gauge Ara -Sasaram railway. The same was approved by the State Government on 4.9.99. Publication of notice under Section 4 of the Central Act appeared in the Gazette and two newspapers of 15.10.99. After following the procedure prescribed under the Central Act, the lands were acquired which ultimately vested in the State Government. Thus, it ultimately resulted in acquisition of 25.49 acres, including 9.07 acres bearing chak no. 765 whicn was made of revisional survey plot nos. 1057, 1059, 1060 and 1063. These revisional survey plots belonged to respondent nos. 4 to 7, and others not parties in this writ petition, who contributed the same towards making of the said chak no. 765, situate at village Kharasi, district Rohtas. The said chak no. 765 belonged to the petitioner who (along with others who are not the petitioners herein) had given their own plots of land in return which went into a common hotchpotch for completion of the scheme under the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (hereinafter referred to as Bihar Act). The consolidation proceeding under the Bihar Act had commenced long time ago in village Kharasi during the course of which chak plot no. 765 was created, measuring 9.07 acres and was allotted to the petitioner. There was temporary stay of delivery of possession of the chaks under the Bihar Act, vide letter no. 1603, dated 16.6.1981, issued by the Deputy Director of Consolidation, Rohtas. However, according to the petitioner, delivery of possession of the said chak no. 765 had been made over to the petitioner, but the State Government has taken the stand that the same was illegal in view of the aforesaid order dt. 16.6.81. Thereafter the State Government issued the notification dt. 27.7.1998 under Section 4A(1) of the Bihar Act, whereby the notification under Section 3 was cancelled.

(3.) THE petitioner filed objection dt. 18.7.2000 (Annexure 5) before the Collector of the district of Rohtas under Section 9(2) of the Central Act, claiming compensation on the basis of ownership of chak no. 765. The same perhaps remained unattended and, therefore, the petitioner preferred CWJC No. 11211 of 2000 (Raghavendra Singh V/s. State of Bihar), which was disposed of by a learned Single Judge of this Court by Order dt. 10.11.2000 (Annexure 6). The same is set out hereinbelow for the facility of quick reference, whereby the Collector of the district was directed to consider and dispose of the petitioners petition under Section 9 read with Section 11 of the Central Act" within a period of three months : "Heard the parties. The limited grievance of the petitioner in this writ application is that his objection filed pursuant to a notice under Section 9 of the Land Acquisition Act has yet not been heard by the Collector as required by section 11 of the said Act and he has apprehension that without hearing him the award may be prepared in the name of other persons. Such apprehension is not warranted in view of provisions of Section 11 of the Act which provides for an enquiry by the Collector into the objections which any person interested may file pursuant to notice under section 9 of the Act. Since the petitioner has claimed that he has filed an objection contained in Annexure 5 to the writ application before the Collector, Rohtas, Sasaram in connection with Land Acquisition Case No. 14/V/2000 -2001 in July 2000 hence, it is expected that the Collector concerned shall consider the objections of the petitioner in accordance with law before making an award in favour of any person and before payment of compensation in terms of such award. It is made clear that this Court has not gone into the merits of the claim made by the petitioner and Collector be free to decide the objections of the petitioner on its own merits, at an earlier date preferably within three months from the date of production/communication of a copy of this order before the respondent no.2, the Collector, Rohtas. This writ application is disposed of in the aforesaid terms."