BIHAR STATE HOUSING BOARD Vs. STATE

JUDGEMENT

(1.) The petitioner in this writ application has inter alia prayed for issuance of a writ of certiorari for quashing the order passed in Land Acquisition case No. 20 of 1983 by the Additional District Judge; No. 1 Gaya, whereby he had enhanced the amount of compensation.

(2.) The fact of the matter lies in a very narrow compass.

(3.) The petitioner is a body corporate established in terms of Section 3 of the Bihar State Housing Board Act, 1982, and thus is a "State" within the meaning of Art. 12 of the Constitution of India. It allegedly sent a requisition for acquisition of some land at village Mustafabad in the district of Gaya pursuant whereof a notification under Sec. 4 of the Land Acquisition Act (hereinafter referred to as 'the said Act') was issued on 5-12-1974 and a declaration under Section 6 thereof has been published on 1-7-1975. Possession of the land had also been taken in the year 1975. An award was passed in that case but the awarder being not satisfied with the amount of the award filed an application before the Collector for reference before the Land Acquisition Judge in terms of Section 18 of the said Act. In that proceeding, the Land Acquisition Judge passed an award enhancing the amount of compensation.