KRISHNA KUMAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN 1960 under two land acquisition cases, large tracks of land were acquired. Some of such lands were built up. The object of such acquisitions was to widen the road going to the Railway Station and for a number of other projects for development and beautification of that area. Part of the built up lands so acquired were under tenants, who were carrying on commercial activities therefrom. The object of the acquisitions of such lands included setting up of a Municipal Market Complex in which the people who were carrying on commercial activities from the built up acquired lands were to be accommodated. In order to obtain vacant possession of the acquired lands quickly, while the object of acquistion expressly held out that the people carrying on commercial activities at and from the built up areas of the acquired lands would be accommodated in the Municipal Market Complex to be set up, they were also told that until the Market Complex is finally set up, they would be allowed to run their commercial activities at and from the lands situate nearby and then belonging to Patna Improvement Trust, i.e. for whom the acquistions were made. Those tenants were told that they would be required to pay 25% of the rent of the acquired built up lands from the date of payment of compensation to their landlords till they give up vacant possession of the acquired built up lands in their possession to the Trust and the balance by 12 equal monthly instalments alongwith the current rent of the stalls to be constructed on the nearby lands, which would be allotted to them. The said state of affairs clearly depicts that the tenants of the acquired lands, who were carrying on commercial activities therefrom, were kept out of the acquisition proceedings. In fact, the acquisition was made to rehabilitate them in a better Market Complex to be set up upon acquisition of the lands in question and during the interregnum each of them was to be provided a stall to be constructed on a nearby land, which they would be entitled to occupy upon payment of 25% of the rent accrued from the date of payment of compensation to their landlords till vacant possession of their tenanted portions in the acquired land are handed over and the remaining rent by 12 equal monthly instalments alongwith the current rent of the stalls to be allotted to them. Each of the appellants is one of those tenants of the acquired land, who was carrying on commercial activities therefrom and each one of them was allotted a stall at a nearby land upon complying with the terms of the said allotment, as mentioned above. While the said allotment was made, a deed of licence was issued in favour of each of the appellants. The same provided that they would be required to pay a daily licence fee of Rs. 0.69 paise. Clauses 2 & 9 of the said deed of licences are as follows: ''

(2.) IN terms of the provisions contained in the Bihar Regional Development Authority Ordinance, which Ordinances was continued by succeeding Ordinances and was ultimately converted into the Bihar Regional Development Authority Act, 1974 (hereinafter referred to as &aposthe Development Act&apos) made on 25.1.1982, the Patna Regional Development Authority (hereinafter referred to as &aposPRDA&apos) was consititued. By reason of the Development Act, the Patna Improvement Trust constituted under the Bihar Town Planning and Improvement Act, 1951 ceased to exist and all properties, rights, titles, interests, obligations and li -abilities of the said Trust vested in PRDA. In the year, 1990 -91, Case No. 10/1990 -91 was initiated by Circle Officer for the purpose of removal of the appellants from the stalls which came to be possessed by them in the background as above. It was the contention of the Circle Officer that the land belonged to the State Government which has been encroached upon unauthorisedly by the appellants. The Circle Officer ultiamately dropped the case by holding that the land in question is owned by PRDA and not by the State Government and the appellants are licensees of PRDA.

(3.) ON 18th November, 1995, the appellants filed an application in the writ petition and thereby sought stay of operation of notice dated 15th November, 1995. By the notice dated 15th November, 1995 brought on record by the said application, PRDA held out to the appellants and each one of them as follows: ''