HARIPADA MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners herein claiming to be the owners of the lands sought to be acquired under the provisions of the Land Acquisition Act (hereinafter referred to as "the Act"), have preferred this writ application praying that the notification issued under section 4 of the Act and under S.17(4) of the Act published in the gazette on 1-1-1978 be quashed.

(2.) The writ application was filed on 25-2-1981 and was admitted for hearing on 10th Mar. 1981. An order was passed staying further proceedings in the Land Acquisition case pending disposal of this writ application.

(3.) The impugned notification under S.4 of the Act was published in the District Gazette on 1-1-1978. The total area sought to be acquired is 15.82 acres, out of which 15.52 acres was described as being arable land while the remaining 0.30 acre was described as banjar land in village Seraidhela. The public purpose for which the land is sought to be acquired is for construction of office and residential complex for the Mines Safety Department of the Government of Bihar and its employees. The cost of the acquisition is to be borne by the Government. The latter part of the same notification mentions that since the Government of Bihar was satisfied that the land was waste and arable land and its immediate acquisition was essential, it was directed under S.17(4) of the Act that the provisions of S.5A of the Act shall not apply to the acquisition in question. The District Land Acquisition Officer of the Government of Bihar as well as the staff of the department of Mines Safety were authorised to enter upon the lands for the purpose of survey etc. under S.4(2) of the Act.