ALL IMAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner has prayed for a direction to denotify 2.88 Acres of lands blearing Plot No. 268/1150, Jamabandi No. 80 of Mouza Madanshi Tapua, District Sahebganj, for acquisition and reconveyance/restoration of the said land to the pe- titioner and for payment of adequate compensation for wrongfully depriving him and his co-sharers for enjoyment of the lands in question.

(2.) Petitioner's case is that by Letter No. DLA. S.P.- 45.59 dated 6/4/1959; the Government intended to acquire 2.96 Acres of land permanently, for constructing a Girls' High School Building and its compound at Sahibganj and the same was published vide Declaration No. 1126 dated 31/1/1959 at Page 661-62 Part II of the Bihar Gazette dated 25/2/1959. By the said letter, the Deputy Commissioner, Dumka was authorized under Section 17 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") to take immediate possession of the land as shown in the Index Map, after expiry of fifteen days from the publication of the notice under Section 9 of the Act, as the same was urgently required. Pursuant to the said authorization, the Deputy Commissioner acquired 2.88 Acres of lands by order dated 18/5/1959. Petitioner and his co-sharers objected to such acquisition by filing their claim on 24/3/1960. Sometime in the year 1960, Petitioner and his co-sharers received compensation amount against acquisition of their land in question. Petitioner and his co-sharers filed their written statement in Land Acquisition Reference Case No. 21 of 1962 for enhancement of compensation sometimes in the month of June, 1962. Petitioner's further case is that by letter dated 9-4-1960, the Chairman, Sahebganj Municipality requested for selection of different site as the lands acquired were not suitable for the said purpose. In the year 1986, petitioner made representation to the Chief Minister of Bihar for restoration/reconveyance of the lands in question followed by other representation and notice, but nothing was done in the matter. It is further stated that the Government has not constructed any Girls' High School over the acquired land.

(3.) Mr. Rajeeva Sharma, learned senior counsel appearing for the petitioner, relying on Article 104 of the Executive Instructions submitted that lands can be restored in favour of the petitioner and his co-sharers.