LAWS(JHAR)-2010-1-330

KAMAL KUMAR AGARWAL Vs. STATE OF JHARKHAND

Decided On January 30, 2010
KAMAL KUMAR AGARWAL Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) Learned counsel for the petitioner relies upon Section 44 A of the Land Acquisition Act, 1894 . That provision applies to a Company' which has been defined in Section 3 (e). The definition excludes government companies and corporations as defined in section 3 (cc). It has not been shown that the body, for which the land was acquired, was a Company' within the meaning of the aforesaid definition under section 3 (e). Therefore, Section 44 A has no application.

(2.) The land had been acquired for a particular public purpose. Since, subsequently, it was not required for that public purpose, therefore it was utilized for other purposes.

(3.) The petitioner had made a representation before the government against the alleged different utilization. The representation is meaningless, because the government does not have any power to withdraw from acquisition after taking possession, in view of section 48 of the Act.