STATE OF BIHAR Vs. SHARDA DEVI

JUDGEMENT

(1.) This litigation has a chequered history and the facts of the case are rather involved and hence has to be narrated with sufficient clarity.

(2.) This appeal under Clause 10 of the Letters Patent Appeal arise out of a proceedings under the Land Acquisition Act. In pursuance of a declaration dated 16.2.1982 (Ext. 7) 36.86 acres of land (out of 43.92 acres) bearing plot Nos. 4/5 and 10 appertaining to khata No. 151 of village Phusari in the district of Lohardaga, was acquired for a project called Phulsari Sapahi Nala". The lands of khata No. 151 under khewat No. 2/9 R.S. Plot Nos. 4, 5 and 10 were recorded under the revisional survey record of rights as 'gair majarua malik'. But according to the appellant-State of Bihar, the aforesaid land vested in the State of Bihar as per notification dated 18.8.V995 (Ext. M). Therefore, the State claimed that it was entitled to get compensation for the lands acquired under Ext. 7.

(3.) The case of the respondent was that before vesting of Zamindari, the land had been settled by the ex-landlord in the name of one Deo Narayan Prasad by means of a registered deed of settlement (Ext. B) dated 24.4.54 and it was a raivat settlement. The respondent purchased the land from said Deo Narayan Prasad by registered deed of sale dated 7.9.1962 (Ext. C) Thereafter, she developed the land, cultivated it and raised crops. Her name mutated by Circle Officer in the revenue records and correction slip was issued to her (Ext. D). The State realised rent from her from the very date of vesting, i.e. from 1955 till 1975. The rent receipts issued to her are Ext.A-A/5. However, according to the case of the appellant, in the statutory return (Ext. 9, filed by the ex-landlord after vesting, this land was not shown to be setting with anybody rather shown as simply, 'gair majarua' land. In the disputed land, erection of bandh was started in 1967 and completed in 1972. No objection was ever raised by the respondent that she was in possession of the land as occupancy raiyat.