SATYENDRA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and learned Advocate General for the State. In both the writ applications the petitioners seek quashing of the notification as contained in Annexure 1 made under Section 74 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act"), so far it concerns their plots, with further relief to release the plots from acquisition.

(2.) LEARNED counsel for the petitioner in C.W.J.C. No. 14540 of 2011 submits that an area of 27 1/2 decimals of land of his plot no. 725 has been notified to be acquired for the purpose of 120 feet broad approach road for connecting the Vardhaman Institute of Medical Science & Hospital, Pawapuri with a pre-exiting public road. It is contended that the petitioner is having a residential house upon the land and, therefore, the alignment of the road should be diverted to spare his residential house. Learned counsel further submitted that there is already a gate of the proposed hospital in the western side just adjacent to a public road, therefore, another approach road is not at all needed.

(3.) IN view of the stand taken by the State, that such a big institution cannot have only one gate and one approach road and another approach road is also required, I do not find any merit in the averments made in this regard on behalf of the petitioners.