NISAR AHMAD Vs. WASHI AHMAD

JUDGEMENT

(1.) - The challenge in the present Letters Patent Appeal is to an order passed by the learned Single Bench of this Court on 15th of Sept., 2014 in C.W.J.C. No. 5106 of 2014, whereby the writ application filed by the appellants for quashing of the order dated 20th of Dec., 2013 passed by the Collector, Madhepura for release of land acquired for the public purpose was dismissed.

(2.) The land measuring 6.75 acres including the land of the Appellants was acquired for the public purposes vide Notification No. 116A/1960-61 . The compensation for the said land was disbursed to the predecessor-in-interest of the appellants on 23rd of June, 1963. Thereafter, the land-owner sought reference against the inadequate amount of compensation which was allowed on 14th of Nov., 1973. The amount of enhanced compensation was disbursed on 15th of May, 1976.

(3.) Admittedly, the land of the appellants acquired for the public purpose has not been utilised for the stated public purpose as the bridge was constructed on another land. The appellants filed an application before the Settlement Officer for correction of the revenue records which was allowed on 26th of July, 2002, whereby the name of the appellants was recorded as the owner. Subsequently, the appellants filed an application before the Land Acquisition Collector and also the Collector, Madhepura under Sec. 15A of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act"). The application under Sec. 15A of the Act was declined by the Collector on 20th of Dec., 2013, inter alia, holding that after receipt of the entire compensation of the acquired land, the landowners have no right, title or interest over the land-in-question. After acquisition, the land vests with the State and that the correction of the revenue records under Sec. 106 of the Bihar Tenancy Act was obtained without disclosing the acquisition of the land. Thus, it was found that the acquired land vests with the State Government and that the order of correction of the revenue records is inconsequential. It was also found that the acquired land is now adjoining National Highway and that the land may be required for expansion of the National Highway. Consequently, the land cannot be released from acquisition.