HIRALAL SINGH Vs. STATE OF BIHAR; COLLECTOR, SARAN

JUDGEMENT

(1.) By this writ petition, the petitioner has brought to the notice of this Court the mala fide way, in which State authorities proceed to the detriment and prejudice of the persons, like the petitioner, in granting compensation for compulsory acquisition of their lands.

(2.) For broadening National High Way-19, under the provisions of National High Way Act, as contemplated by section 3A thereof, a notification was issued to acquire land adjacent to existing National High Way-19 at Sonepur. Petitioner did not object to the acquisition and, thereafter, a notification under section 3D of the said Act was issued. When it came to compensation, petitioner protested because in the notification it was shown that petitioner's land was a ditch (Gadha). This was based upon the cadastral survey entry. Petitioner sought inspection pleading that over a hundred years have gone bye since the cadastral survey, there was no National Highway then. Now things have changed in that area in and around petitioner's land as school, houses, shops etc. are there and petitioner has a small residential accommodation, which he uses to store fruits and sell them as well. The District Land Acquisition Officer, who was designated as the competent authority, called for a report from the Halka Karmchari. A report, after spot verification, was submitted, which is part of supplementary counter affidavit filed by the District Land Acquisition Officer. The report clearly shows that there is a tin-sheded room on the land. Petitioner alleges that for mala fide reasons ignoring this report and basing his finding mala fide only on the cadastral survey, which was hundred years old, compensation to the petitioner was calculated treating the land as a ditch (Gadha). Petitioner filed photograph as well before this Court.

(3.) The stand of the respondents is that upon objection the matter was referred to arbitration as provided under the National Highway Act and the arbitral award is also annexed. The arbitral award negates the finding of the competent authority, but holds that it is fertile three crop agricultural land. This arbitral award is dated 20.12.2012. We are in May, 2014. The arbitral award is still to be implemented. The delay is purely mala fide.