AKHILESHWAR SINGH Vs. STATE OF JHARKHAND & ORS.

JUDGEMENT

(1.) In this writ petition the petitioner has prayed for quashing the Letter No. 685 dated 5-11-07 (Annexure-6) issued by the respondent No. 7 in connection with Eviction Case Nos. 4/1998 and 5/1998. The petitioner has been directed to remove the alleged encroachment from the land in question on the ground that the said land was acquired under the provisions of the Land Acquisition Act for the purpose of the State Housing Board. It has been stated that the process of acquisition has not been completed and the actual possession of the portion of the said land, as claimed by the petitioner, has not been taken over by the Collector as yet for handing over the same to the respondents-Housing Board. The award money under the provisions of the Land Acquisition Act has also not been paid. The State Government has taken all steps for de-notifying the said land from the acquisition.

(2.) It has been stated that the Land Acquisition Case No. 61A/1965-66 was initiated by the State of Bihar. as then was, for the purpose of setting up a Housing Colony at Mouza-Hirapur and Dhaiya, District-Dhanbad. A notification to that effect was published on 17-8-1969, and, accordingly, the compensation award in respect of the acquired land was prepared in year 1976.

(3.) It has been stated that out of the total area of 67.25 acres under acquisition, possession was handed over to the Housing Board only to the extent of 66.44 acres. In respect of 36 Decimals of land, Award No. 80 was prepared in the name of one Ram Narayan Agarwalla, the predecessor-in-interest in respect of the said land. The said Ram Narayan Agarwalla did not accept the said award and filed an application for referring the matter to the Court of competent jurisdiction for appropriate fixation of the amount of compensation. The award amount was, thereafter, never paid to the said Ram Narayan Agarwalla.