THE STATE OF BIHAR Vs. HIMANSHU CHANDRA CHAUDHARY, SON OF LATE AVANISH CHANDRA CHOUDHARY, RESIDENT OF VILLAGE NEHRA, P.S. MANIGACHHI, DISTRICT DARBHANGA

JUDGEMENT

(1.) The State is in appeal aggrieved against the order of the learned Single Bench passed on 2nd of July, 2013 in C.W.J.C. No. 2118 of 2013, whereby the writ application was allowed and the notification under Sections 4 and 6 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) after invoking of urgency provisions of Sec. 17 of the Act were set aside.

(2.) The writ-petitioner claims to be in possession of about 2 acres of land as owner. A notification dated 6th of Jan., 2011 was published under Sec. 4 of the Act in respect of acquisition of 5.62 acres of land for public purpose, namely, for construction of Sub-divisional Office, Biraul and for the residence of the Government employees of the said Sub-division.

(3.) The learned Single Bench noticed that the proposal for acquisition was first made on 6th of July, 2001 which was rejected and alternative proposal was made on 24th of Aug., 2006. Ultimately, a proposal was made in the year 2007-08 for acquisition of 5.62 acres of land pursuant to which notification was issued under Sec. 4 of the Act in Jan., 2011. The fact that the proposal for acquisition was initiated in the year 2008 is evident from Annexure-A to the counter affidavit filed in the writ application.