RAM SAROWAR THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner in this writ application has challenged the legality of an order of the State Government as contained in letter dated 5-10-1976 saying that after reconsideration the State Govrrnment has taken a decision that the land belonging to the petitioner shall not be withdrawn from acquisition. A copy of the said communication is annexure 9 to the writ application.

(2.) The case of the petitioner is that at the instance of the Industries Department, Government of Bihar, the respondent District Magistrate, Muzaffarpur took steps for acquiring an area of ! 02 60 acres of land situated in village Bela Chapra in the district of Muzaffarpur for the North Bihar Industrial Development Authority, (hereinafter referred to as the "Industrial Develoment Authority". For the acquisition of the aforesaid land, emergency provision, provided under section 17 of the Land Acquisition Act, 1894, (hereinafter referred to as the Act), was adopted and a notification under sub-section (4) of section 17 of the Act was issued on 16-3-1976. The aforesaid block of 102-60 acres also covers an area measuring 4.34 acres of R. S. Plot no. 411 belonging to the petitioner. The said plot of land belonged to Muzaffarpur Municipality and the petitioner had purchased it under registered sale-deed executed in the year 1967 and since then it was in possession of the petitioner. The petitioner had entered into an agreement with the Food Corporation of India, a Central Government undertaking, for constructing a godown for storage of essential and perishable commodities, over the said plot and in that connection had also collected several lacs of bricks and sand etc. on the site. Before the construction could actually begin the aforesaid notification under sub-section (4) of section 17 of the Act was issued.

(3.) The petitioner filed before the Chief Minister, Bihar, on 6-4-1976, an pplication saying that the portion of the land over which godown is to be constructed should not be acquired because he was constructing the godown for storage of foodgrains. ft was also stated that as the land was very near the railway station, it would be convenient for transportation of the foodgrains. The Chief Minister passed an order addressed to the District Magistrate, Muzaffarpur, saying that as a godown was being constructed for use of the Food Corporation of India, the aforesaid 4.34 acres could be relevant. A copy of the said application along with the order of the Chief Minister is annexure 1 to the writ application. On 1-5-1976, a declaration dated 17-4-1976 under section 6 of the Act was published. On 24-5-1976, the District Magistrate, Muzaffarpur addressed a letter to the Director, Land Acquisition, Bihar, saying that in view of the order of the Chief Minister the aforesaid area of 4.34 acres could be released. Towards the end of that letter the District Magistrate further stated that in anticipation of the formal order of the State Government releasing the land in question, possession was being given to the said Industrial Development Authority over the lands other than those 4.34 acres. A copy of the said communication is annexed as annexure 2 to the writ application. On 10-7-1976, the Industrial Development Commissioner, Department of Industries, addressed a letter to the District Magistrate saying that the State Government had re-examined the question of release of plot no. 411 and had come to the conclusion that there was no justification for releasing the same. He also requested that the land in question should be handed over to the Assistant Director of Industries, Muzaffarpur without delay. A copy of this letter is annexure 3 of the writ application. The petitioner had filed another representation in respect pf the said acquisition even before the Revenue Minister, Bihar, on 6-2-19/6. On that representation, the Revenue Minister passed an order on 6-8-1976 asking the District Magistrate to submit a report as to whether it was a fact that materials for construction of the godown had been collected as to whether land should be released for construction of the godown of the Food Corporation of India. He also asked the District Magistrate not to take possession of the land till the State Government had taken a final decision. A copy of the representation of the petitioner along with the order of the Revenue Minister is annexure 4 to the writ application. The District Magistrate, Muzaffarpur, in view of the aforesaid order dated 6-8-1976, submitted a report to the Revenue Minister saying that the land in question measuring 4.34 acres was between Muzaffarpur town and the railway station ; that block of land along with other lands had been a quired under emergency acquisition proceeding at the instance of the Industries Department. He also mentioned that the process for delivery of possession was started, but in the meantime, the petitioner submitted a petition before ths Chief Minister. Then ho made a reference to the aforesaid order dated 6-8-1976 of the Revenue Minister and stated that, thereafter, he deputed the Sub-divisional Officer, Muzaffarpur to inspect and to submit a report It was further mentioned in the said report that the Sub- divisional Officer, after inspection, had submitted a report on 14-8-1976 saying that large number of building materials had been collected by the petitioner for construction of the godown for Food Corporation of India. On the spot, according to that report, about four to five lacs of bricks and about 60000 cft of sand had been collected. Thereafter, the District Magistrate stated as follows :