HARI KISHOR MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE counter affidavit filed on behalf of the Collector does not deny the factual position that the lands of plot nos. 1868, 1670, 1871 and 1872, situated in village parmanandpur, Circle Kahaigaon in the district of Bhagalpur are the raiyati lands of the petitioner.

(2.) THAT being the position this court finds the stand of the Collector legally incomprehensible that simply because the Government land has gone into the river and there is no alternative land for landing materials, the government should occupy those plots for landing purpose 'in public interest temporarily ' and till such time as the government land should come out from the bed of the river.

(3.) IN case the public purpose so deands the Collector is expected to know that there are provisions of Land Acquisition Act for meeting such exigencies but in no circumstances he can act in a manner not sanctioned by law and forcibly occupy the land of the citizens without payment of any compensation etc.