ANIL KUMAR GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is the second time that the petitioner has come to this Court in his long endeavour to get his land treed from the occupation of a Department of the State Government. This writ has been filed making a prayer to quash the proceedings of Case No. PLA 1/1993 -94 -115 initiated for the acquisition of the petitioner's land measuring 3.05 acres in area. The lands forming the subject matter of the impugned acquisition proceedings are identified as plots no. 256, 263, 264, 266 and 287 of khatas no. 180, 183 and 184 under Tauzi no. 15661 falling in the revenue Thana no. 47, situate at Bihta in the district of Patna. The total area of the above described land is 4.97 acres out of which an area of 3.05 acres is proposed to be taken into acquisition.

(2.) THE acquisition proceedings are sought to be challenged on the simple ground that the notification under section 6 of the Land Acquisition Act was issued after more than a year from the date of the publication made under section 4 of the Act.

(3.) IT is stated on behalf of the petitioner that during the period of emergency in the year, 1975 the land in dispute was occupied by the Advance Planning and Investigation Division of the State Government. Though some steps were taken with a view to acquire the land temporarily under Section 35 of the Act, no proceeding as provided in law were held. Therefore, according to the petitioner, the occupation of the State Govt. over the disputed land was all along forcible and illegal.