GAITY ARA ROZY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Vinod Kant, learned Sr. Advocate appearing on behalf of the appellants and Mr. Lalit Kishore, learned senior counsel appearing on behalf of the State of Bihar. The present LPA has been filed against the order dated 08.2.2008 passed in CWJC No. 10766/2004 (Gaity Ara Rozy and Ors. Vs. State of Bihar and Ors.).

(2.) The Writ petition has been filed assailing the entire Land Acquisition proceeding pertaining to acquisition of land for construction of a bye-pass road in the district of Bhagalpur including the notification under Section 4 of the Land Acquisition Act, 1984 (hereinafter referred to as the 'Act') dated 05.5.2001 as also declaration dated 11.5.2001 under Section 6 of the Act.

(3.) The further prayer was to restrain the respondents from dispossessing the petitioners from the land in question. After hearing the parties, the learned Single Judge by order under Appeal has dismissed the writ petition relying mainly on the fact that notification under Section 4 of the Act dated 05.5.2001 and declaration dated 11.5.2001 was published in the District Gazette and the same was challenged only after vesting of the land upon taking possession of the same and also after declaration of the award.