ABHISHEK KUMAR Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) This writ application and L.P.A. have been filed in which challenge has been made to the Land Acquisition Proceedings initiated vide L.A. No.19 of 2007-08 whereby the State Government has acquired 96.71 acres of land to set up an industrial area at village- Kopakala, Naubatpur, District- Patna and also for quashing the allotment letter dated 03.06.2011 contained under Ref: No.2815/D issued by the Bihar Industrial Area Development Authority (hereinafter referred to as 'BIADA') annexed as Annexure-4 by which BIADA has allotted 42 acres of land out of aforesaid 96.71 acres to United Breweries Limited for establishment of a beer industry and also for quashing the entire process of land acquisition under notification dated 10.12.2007 issued by the Land Acquisition Directorate under the Revenue and Land Reforms Department contained in Annexure-1.

(2.) The writ petition as well as the L.P.A. was disposed on 31.03.2012 on the concession granted to Mr. Ambuj Nayan Chaubey learned Senior Counsel appearing for the petitioner and the appellant in L.P.A. that he moved the application for review/recall of the order withdrawing his concession accordingly, the order so was recalled on 16.05.2012. Parties were heard on merit on the writ petition and L.P.A. and were also required to give their written argument. The written arguments filed by the respective parties are taken on record.

(3.) Learned counsel for the petitioners has submitted that the allotment letter is illegal and it frustrates the very public purpose in the garb of which the acquisition was made. The Government has played fraud upon the citizens of the State by allotting the land to establish a beer factory. The land acquired for Sugar Mill cannot be allotted for establishment of a beer factory. The Government cannot do business over the lands of its citizens. The action and omission on the part of the Government is violative of the right of the petitioners guaranteed under Art. 14, 21 & 300A of the Constitution of India. For the acquisition purpose Land Acquisition Case No.19 of 2007-08 was instituted before the District Land Acquisition Officer, Patna. Although after preparation of award notices were issued for payment of 80% amount on the fixed dates under Sec. 17A of the Act but nothing has been paid so far to any of the petitioner. It is worth mentioning here that the notices were also not served upon all the petitioners.