BIHAR STATE HOUSING BOARD Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this application the petitioner has prayed for issuance of a writ of certiorari for quashing the order passed by the Additional District Judge, 1st Court Gaya whereby he enhanced the amount of compensation in Land Acquisition Case No. 7 of 1983 as also for a writ of or in the nature of mandamus directing the respondent No. 4 to reopen the proceeding and determine the amount of compensation after giving an opportunity of hearing to the petitioner.

(2.) The petitioner is a body-corporate established in terms of Section 3 of the Bihar State Housing Act, 1982 and thus is a State within the meaning of Article 12 of the Constitution of India.

(3.) The State of Bihar, allegedly at the instance of the petitioner issued a notification under Section 4 of the Land Acquisition Act (hereinafter referred to as 'the said Act'). On 5-12-1974 declaring its intention to acquire a large tract of land situated at village Mustafabad in the district of Gaya. A declaration under Section 6 of the said Act was issued on 1-7-1975 and the possession of the land had also been taken in the year 1975.