ANIL KUMAR GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner through this writ application filed on 20-10-1992, prays to command the respondents, particularly respondent No. 8, the Sub-divisional Officer, Flood Protection Sub-division, Bihta at Maner, district Patna to immediately vacate his lands measuring 2.82 acres of plot Nos. 156. 263 and 264 appertaining to khata no. 184 in Village Bihta in the district of Patna.

(2.) From the bulky records of this writ application it transpires that during emergency the land aforementioned as occupied by the Advance Planning and Investigation Division for the temporary use of Sone Embankment Division which was sought to be acquired temporarily under Section 35 of the Land Aqcuisition Act, which is clear from a letter of the Special Land Acquisition Officer, Rajbanshi Nagar, Patna bearing No. 802 dated 26-8-76 (as contained in Annexure-B to the counter affidavit), that the acquisition proceedings, however, could not be initiated ; that annual rent of the land was also fixed by the Sub-divisional Officer, Danapur at the rate of Rs. 400 per month ; that subsequently a regular land acquision proceeding was initiated under the provisions of the Land Acquisition Act, which was objected to ; that the petitioner filed an application under Section 5-A of the Land Acquaint Act as amended by the State of Bihar which was allowed by order dated 6-4-1993 during the pendency of this writ application vide Annexure-12-A ; that an action for calling for the records and setting aside the aforementioned order was also rejected by the State ; that the Government in its Water Resources Department took a decision to vacate the lands and shift the office of the Sone Embankment Division to a government premises at Maner and to take steps for removal of temporary structures constructed in the lands in question immediately ; that the Government in its Water Resources Department subsequently took decision to acquire the lands in question which is apparent from the letter of the Joint Secretary of the Water Resources Department dated 20-10 1992 ; and that it is admitted position that the petitioner is being paid rent of the land in question till today.

(3.) Mr. Tarakant Jha, learned Counsel appearing on behalf of the petitioner, submitted as follows :