YOGENDRA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS Appeal under Clause 10 of the Letters Patent preferred by the writ petitioners (five in number) arises from the judgment and order dated 5th May 2011 passed by the learned Single Judge in C.W.J.C. No. 13516 of 2010.

(2.) THE appellants claim to be the owners of the parcels of lands situated at Bihta, District - Patna. The appellants approached this Court under Article 226 of the Constitution in C.W.J.C. No. 13516 of 2010 to challenge the acquisition proceedings of the lands situated at Bihta for the establishment of Maulana Mazharul Haque Arabi/ Farsi University (hereinafter referred to as "the University") in so far as the State Government has invoked section 17 (4) of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") and has done away with the right to hearing conferred upon the owners/ interested persons under section 5 A of the Act.

(3.) ON 21st July 2010 the Government of Bihar issued Notification under section 4 of the Act declaring its intention to acquire certain parcels of land of Bihta for setting up the University. Under the said Notification the Government of Bihar invoked urgency clause under section 17 (4) of the Act and did away with the inviting objections and hearing under section 5A of the Act. Pursuant to the said Notification a declaration under section 6 of the Act came to be issued on 22nd July 2010.