BENI MADHAB CHATTERJI Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this case the petitioners have obtained a rule from the High Court calling upon the respondents to show cause why a writ under Article 226 of the Constitution should not be issued for the purpose of quashing the notification of the State Government dated the 27th of November, 1954, under Section 4 of the Land Acquisition Act (Central Act 1 of 1894) with regard to the acquisition of 2.34 acres of land for the purpose of extension of the Agricultural College at Sabour. The petitioners have also obtained] a rule asking the respondents to show cause why a writ in the nature of mandamus should not be issued restraining the State Government from making any declaration under Section 6 of Act I of) 1894 and from taking any further proceedings with regard to the acquisition of the disputed land.

(2.) The main argument addressed on behalf of the petitioners is that the proceedings taken by the State Government are illegal and ultra vires since Sections 4 and 6 of the Land Acquisition Act are unconstitutional and violate the guarantee given by Article 19 (1) (f) of the Constitution. It is necessary at this stage to reproduce Sections 4, 5A and 6 of the Land Acquisition Act, since much of the argument in this case turned on the language of these sections. Section 4 of the Land Acquisition Act is in the following terms :

(3.) For the purposes of this section, a person shall be deemed to be interested in land who would be entitled to claim an interest in compensation if the land were acquired under this Act". Section 6 enacts as follows: