LAKSHMI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) In all these applications, which have been heard together, a common question of law arises for determination, namely, whether the notifications of the State Government under Section 4 of the Land Acquisition Act, dated the 19th January, 1961 which are annexures A and B to the applications, are legally valid.

(2.) Annexure A relates to an area of 407.85 acres of land in the city of Patna in villages Mainpara, Rajapur, Dujra and Dhakanpura, and it is stated in the notification that the land is required by the Government at the expense of the Patna Improvement Trust for a public purpose, namely, for the development of residential neighourhoods to provide for housing facilities for various income groups along with various local services and modern amenities to facilitate planned growth of the city of Patna. Annexure B relates to an area of 54.04 acres located in the City of Patna, and it is stated in this notification that the land is required for the development of residential neighbourhoods to provide for housing facilities for various income groups along with various local services and modern amenities to facilitate planned growth of the city of Patna.

(3.) The case of the petitioners is that the State Government has no authority to take action for acquisition of land under the provisions of the Land Acquisition Act because those provisions have been superseded by the enactment of Bihar Act 35 of 1951 which makes special provision for acquisition of land at the expense of the Improvement Trust for the improvement, development and expansion of the town and for securing to its inhabitants sanitary conditions, amenity and convenience. The contention of the petitioners is that the special procedure prescribed in Bihar Act 35 of 1951 has not been followed and, therefore, the notifications of the State Government which are annexures A and B to the applications are illegal and ultra vires and must be quashed by grant of a writ in the nature of certiorari under Article 226 of the Constitution.