MD. YUSUF Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) BY this writ petition the petitioners want compensation to be paid to them, at the market value of the land, in respect of their alleged 'Raiyati land over which, without acquisition, constructions have been made by the respondents. Firstly when land is acquired under the Land Acquisition Act, by operation of that statute when possession is taken the title of the land passes from the owner to the State. The other way of passing of title can be by execution of registered instrument. If the kind of relief prayed in the writ petition is granted to the petitioners, petitioners will no doubt get the money, but the title will not pass to the State in respect of the land involved. This would create an anomalous and undesirable legal situation. Secondly, what would be the correct market value of any particular land is a question of pure fact which is to be decided upon evidence by way of exemplars or other evidence, initially by the Land Acquisition Officer in his award, and thereafter by reference Court under Section 18, and thereafter, if challenged, in the appeal under Section 54 of the Land Acquisition Act. This question of pure fact cannot be decided in writ jurisdiction. The other question would be as to of what date the market value should be seen. In the circumstances, the proper remedy for the petitioners is to institute a suit for recovery of possession, provided the law of 2. limitation permits the same. If such a suit is instituted, the State would be forced either to surrender the land or to initiate acquisition proceeding, and in the latter case the market value on the date of the notification under Section 4 will have to be determined and paid. This writ petition is wholly misconceived and is accordingly dismissed.