LAWS(PAT)-2008-4-47

PARMESHWAR SINGH Vs. STATE OF BIHAR

Decided On April 22, 2008
PARMESHWAR SINGH Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and learned Standing Counsel No. 19 for the State.

(2.) THE petitioners have approached this court for a direction to the respondents not to construct dam in village -Sitab Diyara, P.S. Revelganj, District -Saran and further to quash Annexures -1, 1/A, 5 and 5/A in Land Acquisition Case No. 1 of 2003 -2004, which are the notices under Sections 4 and 9 respectively of the Land Acquisition Act, 1894 .

(3.) IN the counter affidavit filed on behalf of Respondent No. 4, an order dated 18.12.2003 of the Additional Collector, Saran passed under Section 5A of the Act has been brought on the record in which he has come to the conclusion that the requisition made with respect to the construction of the dam in question is not correct and, accordingly, he directed the Land Acquisition Officer to make a fresh requisition so that the proceeding for land acquisition may be started afresh.