LAWS(PAT)-2005-10-42

RAMANANDI DEVI HINDU ANATHALAYA Vs. STATE OF BIHAR

Decided On October 06, 2005
RAMANANDI DEVI HINDU ANATHALAYA Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) By this application, the petitioner challenges the entire land acquisition proceeding in Land Acquisition Case No. 19 of 1980-81.

(3.) It is submitted by learned Counsel for the petitioner that initially the notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter to be referred to as "Act") is said to have been issued, but not in the manner prescribed in law. It is further submitted that the notification under Section 4(1) of the Act was not displayed at convenient places in the said locality and the petitioner had no knowledge of the same. It is also submitted that after issuance of the notification under Section 4(1) of the Act dated 1-7-1980 a corrigendum was issued by the Collector dated 4-6-1981 making certain corrections in the date of the said notification and also of the boundary of the land, but no notification afresh was issued in terms of Section 4(1) of the Act, and, therefore, on this ground alone, the entire proceeding vitiates. At the same time, learned Counsel also submitted that the corrigendum, as contained in Annexure 2, and that of the declaration, issued under Section 6 of the Act are one and the same and it appears that simultaneously, the corrigendum and declaration were issued on 4-6-1981.