RAM NARAIN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this application under Article 226 of the Constitution of India is involved the objection to a land acquisition proceeding under the Land Acquisition Act, 1894 (hereinafter to be referred to as the Act) on the ground that the acquisition is neither for public purpose nor in conformity with the proviso to Section 6 (1) of the Act. The petitioners -- four in number -- have prayed for an appropriate writ to quash the notification dated 22-4-1967 under Section 4 of the Act numbered as L. A. Patna-11/66/67/5 and the declaration under Section 6 (1) dated 21-6-1967 published in the Bihar Gazette Extraordinary dated 12-7-1967. The notification and the declaration aforesaid have been marked annexures 1 and 2 respectively to the petition. A further prayer has been made for the issuance of writ of mandamus restraining the respondents from interfering with the petitioners' possession over the land sought to be acquired. It may be usefully mentioned here that the area of land under acquisition is 3.0447 acres in village Mainpura, within police station Phulwari in the district of Patna. The notification states that the acquisition was sought to be made by the Government for a public purpose, namely, for the Kurji Holy Family Hospital, respondent No. 2, at Government cost. In the declaration (annexure 2) it has been specifically stated that the public purpose for which Government sought to acquire the land in question was the expansion of Kurji Holy Family Hospital at Government cost. Both annexures 1 and 2 have been assailed as being ultra vires the provisions of Sections 4 and 6 of the Act.

(2.) According to the petitioners' case, the Kurji Holy Family Hospital, for the expansion of which the land was sought to be acquired, was a private institution which was already in possession of about 11 acres of land since long, which, it is said, is being utilised as orchard and from out of which the hospital is doing business. It has not made any construction in the land SO far, while the petitioners have no other land since all their other lands have already been acquired by the State Government in connection with other projects. The entire compensation to be awarded, according to the petitioners, is being paid by respondent No. 2 and nothing is being paid out of the consolidated fund of the State. On 9-8-1967 the petitioners received a notice under Section 9 in pursuance of which they filed an objection, a copy whereof has been marked annexure 5 to the application. Their objections not having found any favour, the petitioners were compelled to come to this Court for the reliefs mentioned above.

(3.) Counter-affidavits have been filed on behalf of respondent No. 1, the State and respondent No. 2, the Administrator, Kurji Holy Family Hospital. They are substantially on the same lines. It is said that the hospital is a registered society under the Societies Registration Act, 1860. It is a charitable institution which started catering to the needs of diseased public with 160 beds; the number of beds having been increased from time to time had reached 314 at the relevant date. It has further been asserted that it is incorrect to say that nothing is to be paid by the Government. I think it is worthwhile to quote the stand of the respondents as is to be found in para 5 of the counter-affidavit of the State to the effect that-