AKHOURI GOPAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) A notification was issued, on 11.11.1974, under Section 4(1) of the Land Acquisition Act, 1894, (hereinafter referred to as "L. A. Act"), by the State Government for acquiring an area of 6.85 acres of land for construction of housing colony. Land Acquisition Case No. 39 of 1975 -76 accordingly came to be borne for the said land acquisition. Though Ram Nandi Devi, predecessor -in -interest of the present appellant, raised her objection against the said acquisition, the acquisition process was completed and as the said Ram Nandi Devi sought for enhancement of compensation, a reference was made, which came to be registered as L. A. Case No. 238 of 1992/21 of 1986. This reference was disposed of on 27.01.1993. An award, dated 24.02.1993, accordingly followed. Against the award aforementioned, Ram Nandi Devi filed First Appeal No. 427 of 1993, which is pending before this Court, the ground of challenge to the award being unreasonably low quantum of compensation. Consequently, the said appeal does not put to challenge the legality of the acquisition.

(2.) HAVING acquired the land, Bihar State Housing Board (hereinafter referred to as "the Board") did not raise any residential accommodation and after about 36 years, the Board started making settlement of the land in favour of various government, semi -government and other institutions including private schools and malls. Thus, while, for example, a plot of land was settled in favour of Life Insurance Corporation of India; another plot of land was settled in favour of Delhi Public School. Newspapers also carried the news that Government had decided to construct a mall and other commercial premises on the land, in question, which had been acquired for the purpose of housing colony to be built by the Board.

(3.) SINCE the Government was not utilizing the land for the purpose for which the same had been acquired, the appellant herein, who is the son of Ram Nandi Devi aforementioned, filed a writ petition, under Article 226 of the Constitution of India, which gave rise to CWJC No. 1677 of 2013. By his writ petition, the appellant herein sought for quashing of the notification, dated 11.11.1974, issued under Section 4 (1) of the L. A. Act. The State of Bihar as well as the Board keenly contested the writ petition, their case being, in brief, thus: