JETHMAL BHOJRAJ Vs. STATE OF BIHAR

JUDGEMENT

(1.) The two writ applications have been filed by the petitioners for quashing two notifications, No. DLA-Haz. 64/59-1247R and No. DLA-Haz. 64/59-1246R, dated the 16th February, 1968, issued by the respondent State of Bihar in exercise of the powers conferred on it under Section 48 (1) of the Land Acquisition Act, 1894 (1 of 1894) -- hereinafter referred to as the 'Act' copies whereof are Annexure "1" to the respective writ applications by notification No. 1247R. the State Government passed an order withdrawing from acquisition of the lands which had been notified for acquisition under Section 6 of the Act under declaration No. 5167, dated the 19th May, 1959. Similarly, by notification No. 1246R, the State has purported to withdraw from acquisition of the lands which had been notified for acquisition by declaration No. 5168, dated the 19th May. 1959. under Section 6 of the Act. The aforesaid two notifications under Section 48 (11 of the Act are said to be illegal, void and without jurisdiction. The petitioners have also made a prayer for a mandamus on the respondent State commanding it not to give effect to the said notifications and for a direction to the District Judge of Hazaribagh to proceed with the two Land Reforms Cases Nos. 531 and 530 of 1966, ignoring the aforesaid two notifications.

(2.) As common questions of law and fact arise in both the writ applications, they have been heard together with the consent of the parties and this judgment will govern them both. Two writ applications have been filed because the declarations under Section 6 of the Act in respect of the two blocks of lands were separate and as such the notifications under Section 48 (1) of the Act were also issued separately. C. W. J. C. No. 253 of 1968 relates to the bigger block and on the prayer made on behalf of the petitioners that case wa& taken up for hearing first.

(3.) According to the case of the petitioners, petitioner No, 1 is a partnership firm and petitioner No. 2 is one of its partners. In the years 1944-46, the petitioners acquired about 3,500 acres of land in village Telaiya and Debipur, within Kodarma police station in the district of Hazaribagh, under different registered pattas with an intention to establish a modern mechanised agricultural farm, after clearing the forests thereon. With the said object, the petitioners built quarters, shed for labourers, roads, culverts and bridges and excavated tanks and water reservoirs. They also applied for a loan of rupees ten lacs from the State Government for development of the aforesaid lands and, on the 2nd December, 1947, a loan of Rs. 41,865.00 was granted by the respondent State to them. The said loan was invested for the development of the said lands. The petitioners, thereafter, invested a huge amount of money. But, before they could pet any return out of the same the respondent issued a notification, dated the llth June, 1948, in Purported exercise of its powers under Sections 14 and 21 of the Bihar Private Forests Act, 1947 (Bihar Act IX of 1948), declaring the aforesaid lands of the petitioners as protected forests. In pursuance of the said notification, the respondent State took possession of the lands from the petitioners, although it had no power under the Act to acquire raiyati lands. The petitioners were further restrained from carrying on the development work. Later, it appears that the respondent State realised the legal flaw in the notification issued under the Bihar Private Forests Act, and issued another notification in exercise of its powers under Section 29 of the Indian Forest Act (Act XVI of 1927). The said notification was also misconceived in law and under that Act the respondent could not have taken possession of the lands; nonetheless, the State continued to remain in possession of the lands belonging to the petitioners. Subsequently, having realised its mistake, and in order to regularise the taking of possession and its title, a requisition, dated the 24th January 1959 was submitted by the Divisional Forest Officer, Kodarma Division to the Government, wherein it was stated that the lands were already in possession of the Government but they had been wrongly notified under Section 29 (3) of the Indian Forest Act, and that they should be acquired under the provisions of the Act. A copy of the said requisition is Annexure "2" to the writ application. In pursuance of the said requisition, perhaps, the State issued a notification, dated the 30th March, 1959, under Section 4, read with Section 17 (4) of the Act, stating, inter alia, that the lands were required to be taken at public expense for a public purpose, viz., for including them within the demarcated area of the Telaiya protected Forest in village Telaiya and in Debipur Protected Forest in village Debipur, the area whereof was more or less 3,334.65 acres. It was also stated that in view of the urgency of the project, in exercise of the powers conferred by Section 17 (41 of the Act, it had been decided by the State Government that the provisions of Section 5-A of the Act were, not to apply. A true copy of the said notification is Annexure "3" to the writ application. It is further stated by the petitioners that on the 19th May, 1959, a notification under Section 6 of the Act was issued, and, on the 4th August 1959, the respondent State issued a notice in terms of Section 9 of the Act to all persons interested in the aforesaid lands for submitting their claim, and the petitioners, in response to the said notice, preferred their claim before the Land Acquisition Officer, Hazaribagh.