MANOJ KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Land Acquisition Officer has issued a declaration under Section 6 of the Bihar Land Acquisition Act on 14-11-2006 for acquisition of land appertaining to khata No. 2, Plot No. 41, measuring 6. 15 decimals. This declaration has been challenged by the petitioners. The said land is being acquired for the purpose of construction of a military base camp for the safety and surveillance of the Indo Nepal Border.

(2.) IN this writ petition, the petitioners have made a prayer that the land of the petitioners described above should be excluded from the emergency provisions of the Land acquisition Act and that the petitioners should get an opportunity to file objection whereby the petitioners can save their brick kiln business as according to them there are alternative lands situated adjacent to the chunk of land sought to be acquired which measures 26. 14 acres.

(3.) THE facts are that the notification under Section 4 of the Act was issued and received by the petitioners on 5-2-2007 whereas the notice under Section 6 of the act was served on the petitioners on 10-2-2007. The notification under Section 17 (4)of the Act was issued on 10-11-2006 which is at Annexure 1/a.