MD ATIQUR RAHMAN Vs. STATE OF BIHAR; DISTRICT COLLECTOR; DISTRICT LAND ACQUISITION OFFICER; CIRCLE OFFICER

JUDGEMENT

(1.) Heard the parties.

(2.) The petitioners have filed the present writ petition under Article 226 of the Constitution of India assailing the validity and correctness of the notification dated 12.12.2013 issued under the signature of the Under Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna, as contained in Annexure-1 to the writ petition, whereby a preliminary notification under Section 4 read with Section 17(4) of The Land Acquisition Act, 1894 (in short "Act, 1894") has been issued for acquisition of 87.97 acres of lands situate at Mauza Hariya in the district of Araria for the purposes of establishment of Land Bank at District Headquarter, Araria.

(3.) The grievance of the petitioners is that, while issuing the aforesaid notification dated 12.12.2013, 51.55 acres of Patna High Court CWJC No.17725 of 2014 (4) dt.07-09-2015 lands belonging to them, fully detailed in para 1 as also para 5 of the writ petition, have also been included for the purposes of acquisition by invoking the emergency clause under Section 17(4) of the Act, 1894; and hearing of objections and the enquiry as mandated under Section 5A of the Act, 1894 has been dispensed with.