Decided on November 30,1982

STATE OF BIHAR Respondents


Venkataramiah, J. - (1.) The question involved in these three appeals by certificate relates to the liability of the State of Bihar to pay the amount of compensation in respect of lands which after their acquisition by it under the Land Acquisition Act stood transferred to the State of West Bengal under the Bihar and West Bengal (Transfer of Territories) Act, 1956 (Act No. 40 of 1956) (hereinafter referred to as 'the Act').
(2.) The facts of these cases may be briefly stated thus:Three pieces of land belonging to the appellant which were situated in village Madati in the District of Purnea in the State of Bihar were acquired under the provisions of the Land Acquisition Act by the State of Bihar in the year 1951 for a certain public purpose. After the Land Acquisition Officer passed the awards in respect of the said lands, the question of determination of proper compensation was referred to the District Judge, Purnea under Section 18 of the Land Acquisition Act at the instance of the appellant. The District Judge by his judgment and award dated May 7, 1954 enhanced the compensation payable in each of the three cases. Against that judgment, the State of Bihar filed three appeals before the High Court of Patna in the year 1954. When the appeals were pending before the High Court, the Act was passed and it came into force on the appointed day i. e. November 1, 1956. Under the Act, the area in which the acquired lands were situated stood transferred to the State of West Bengal. The appeals were, however, not transferred to the Calcutta High Court. The State of West Bengal was also not substituted in the place of the State of Bihar in the appeals. The appeals were dismissed by the Patna High Court after hearing the counsel for the State of Bihar on March 8, 1960, The appellant thereafter filed execution petitions in the Court of the Additional District Judge impleading the State of Bihar as the judgment-debtor in 1961. The State of Bihar raised objections to the execution proceedings by way of petitions under Section 47 of the Code of Civil Procedure in March 1962 stating that its liability under the decree had ceased by virtue of the provisions of the Act and that the State of West Bengal within whose jurisdiction the acquired lands were situated was liable to pay the decretal amounts. The executing Court upheld the plea of the State of Bihar and dismissed the execution petitions by its order dated July 9, 1963. The appellant preferred appeals against the orders of the executing Court before the High Court of Patna. The said appeals were also dismissed. Hence these appeals.
(3.) It should be stated here that the State of West Bengal had not been impleaded as a party either in the executing Court or in the High Court. In these appeals by an order made by this Court in the year 1972, the State of West Bengal was impleaded as a respondent in each of these cases.;

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