BALDEO PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioners have challenged the land acquisition proceeding and the Notification dated 1st April, 1987 (Annexure - 3) issued under sub -section (1) of Section 4 of the Land Acquisition Act (for short the Act).

(2.) THE brief fact of the case shows that a proposal was accepted by the State Government from its Animal Husbandry Department to set up one Rural Dairy and Milk Chilling Plant in the vicinity of Biharsharif. Requisition for acquisition of land to set up such plant was made by the Deputy Secretary of the Animal Husbandry Department, Government of Bihar to the Collector, Nalanda by letter dated 4th October, 1985. Request was made to acquire ten acres of land at village Devi Sarai, a Subdivision of Biharsharif in the district of Nalanda. Such requisition specifically mentions the lands, in question, of the petitioners.

(3.) THE Collector, Nalanda thereafter held local enquiry through the Additional Collector and by his letter dated 25th March, 1986 suggested for alternative site and to drop the proposal for acquisition with respect to the present lands, in question. However, the Respondents -State issued Notification under sub -section (1) of Section 4 of the Act on 1st April, 1987 and then served such notice under Section 4 of the Act on Petitioner No. 1 on 28th May, 1987. Notice was also published in one regional language newspaper 'AAJ' on 31st March, 1987 under Section 6 of the Act. In the Notification, it was specifically mentioned that the land acquisition proceeding will be completed without following the procedure of Section 5A of the Act in view of decision taken under subsection (4) of Section 17 of the Act.