ABHISHEKH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) The petitioners, five in number, have filed the present writ petition under Article 226 of the Constitution of India assailing the validity and correctness of the Notification No. 841 dated 14.3.2013, as contained in Annexure-1 to the writ petition, whereby the State Government has issued the aforesaid notification under Section 4 read with Section 17(4) of The Land Acquisition Act, 1894 (in short 'Act, 1894') for the purposes of acquisition of 5.46 acres of lands, detailed in the aforesaid notification, for the public purposes. The petitioners have also assailed the validity and correctness of the notification dated 18.3.2013 issued by the State Government, as contained in Annexure- 2 to the writ petition, whereby for acquisition of the lands in question, the declaration has been made under Section 6 of the Act, 1894.

(3.) The learned counsel appearing on behalf of the petitioners submits that the State Government was not justified in invoking the emergency clause under Section 17(4) of the Act, 1894 for the purposes of acquisition of the lands in question. According to him, by invoking the emergency clause under Section 17(4) of the Act, 1894, the valuable rights of the petitioners under Section 5A of the Act, 1894 have been taken up. Therefore, according to him, entire land acquisition proceeding is fit to be quashed by this Court. However, in response to the query of the Court, he has fairly conceded that the award for acquisition of the lands in question has already been prepared on 18.10.2013 under the provisions of the Act, 1894. He next contended that earlier also some other land acquisition proceeding was started for acquiring some other lands belonging to the petitioners; therefore, the present land acquisition proceeding started by the State Government was not sustainable, and the entire land acquisition proceeding and the consequential order/ award are fit to be set aside by this Court.