LAWS(PAT)-1991-1-25

MANOHAR LAL KHETAN Vs. STATE OF BIHAR

Decided On January 22, 1991
MANOHAR LAL KHETAN Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) THE present writ application has been filed by the petitioner seeking quashing of the entire proceeding in Land Acquisition Case No. 125 of 1986-87 pending before the Special Land Acquisition Officer, In. T.P.C. Kahalgaon, Respondent No. 3, and for other consequential reliefs.

(2.) THE State Government has initiated impugned land acquisition proceeding in respect of certain lands including that of the petitioner for carrying out a Super THErmal Power Project undertaken by the National THErmal Power Corporation (hereinafter to be referred to as 'the Corporation' only).

(3.) BEFORE entering into the grounds of challenge raised on behalf of the petitioner, it may be stated that in C.W.J.C. No. 2008 of 1985 and analogous cases, which were heard along with the present writ application and have been disposed of only today, it has been held that the provisions of Land Acquisition Act, 1894, as amended by the Central Act No. 68 of 1984, will be the law applicable for acquisition of lands in the State of Bihar, it has also been held in those cases that 'Official Gezette' would mean the Bihar Gazette and, therefore, the notifications which are meant to be published under the provisions of the Act, have to be published in Bihar Gazette so as to make the proceedings valid.