VISHWANATH THAKUR & ANR. Vs. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR & ORS.

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel for the State. The petitioners seek quashing of the Notification issued for construction of Link Road under Mauza-Godai, Phulkaha, Thana No. 124, Circle-Kanti, District-Muzaffarpur under Section 4(1) read with Section 17(4) of the Land Acquisition Act, 1894 as contained in Gazette Notification dated 17.10.2012 as well as declaration made under Section 6 of the Act and a direction on the authorities to hear the objection filed under Section 5A of the Act.

(2.) The petitioners are owners of the land bearing Khata No. 117, Khesra Nos. 1715, 1808 and 2000 admeasuring 0.05 and 0.01 1/2 and 0.06 decimals respectively under the aforesaid Mauza. It is the stand of the petitioners that the process of acquisition was initiated in the year 2007 and thereafter by a Gazette Notification dated 17.10.2012 a notification was issued for acquisition of 0.665 acres of land situated in Thana No. 124, Circle-Kanti, District-Muzaffarpur under Section 4(1) read with Section 17(4) of the Land Acquisition Act, 1894 dispensing with the objection under Section 5A of the Act followed by declaration under Section 6 of the Act. Aggrieved by the same the petitioners have approached this Court submitting that the petitioners' valuable right to object under Section 5A of the Land Acquisition Act cannot be taken away by issuing such type of notification when there was no justifiable urgency or emergency in the matter.

(3.) In the counter affidavit filed on behalf of the State it is not denied that the proposal for acquisition was initiated on 1.10.2007. Rather the statement made in the writ petition with regard to the events leading up to the said proposal has also been admitted in it and it is stated that in the year 2003 application for construction of link road to facilitate the villagers for ingress to the main road had been filed which ultimately led to the proposal and subsequently to the notification for acquisition. However, no reasons are to be found in the counter affidavit which will justify the urgency of the acquisition considering the fact that the matter has been allowed to linger for years before the notification has been issued. Justification has been attempted on the ground that the lands are not being acquired from the economically disadvantaged segment of society or people suffering handicaps and they are not likely to become homeless and deprived of their source of livelihood and shelter. It is further stated in the counter affidavit that the acquisition of the land has been made keeping in view the facilities and convenience of the villagers and downtrodden needy persons for general public interest.