JETMULL BHOJRAJ Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two applications under Articles 226 and 227 of the Constitution relate to two land acquisition proceedings before the Land Acquisition Officer of Hazaribagh Civil Writ jurisdiction Case No. 434 arises out of Land Acquisition Case No. 4 of 1959-60, and Civil Writ Jurisdiction Case No. 435 arises out of Land Acquisition Case No. 3 of 1959-60, both of which were disposed of by awards given by the Additional Land Acquisition Officer of Hazaribagh under Section 11 of the Land Acquisition Act (1 of 1894) on the 15th June, 1966. Both the applications have been heard together at the instance of the parties because the facts, with the exception of area and amount of compensation, are almost the same, and the points for consideration are also the same. This judgment will govern them both. Before I mention the prayers made by the petitioners. I would mention some facts in order to make them intelligible.

(2.) The lands in question are situated in villages Telaiya and Debipur. Forest stands on a substantial portion of those lands. Officers of the Forest Department of the Government of Bihar proposed to include them in Telaiya and Debipur protected forests. A notification under Sections 14 and 21 of the Bihar Private Forest Act, 1947 (9 of 1949) was issued on 11-6-1948. for the purpose. The authorities appear to have thought that that notification could not serve their object, and, therefore, a notification under Section 29 of the Indian Forest Act (16 of 1927) was issued in 1953-54 in respect of the forests standing in the same lands. It appears to have then been thought that, unless the lands were acquired under the Land Acquisition Act (hereinafter referred to as the Act), the purpose of the Forest Department would not be achieved.

(3.) Notification under Section 4 of the Act, being No. D.L.A. Haz-46/59-3797-R., dated the 30th March, 1959, was issued in respect of 3,334.65 acres of land. Notification No. D.L.A.-Haz-46/59-5167-R., dated the 19th May, 1959, containing a declaration under Section 6 of the Act, was issued in respect of the same lands. It appears that the area was subsequently found to be only 3,311-71 acres. By notification No. D.L.A.-Haz-46/69-8173-R. dated the 12th August, 1966, issued under Section 48(1) of the Act, the Government withdrew from the acquisition 46.54 acres, and, to that extent, they modified declaration No. 5167, dated the 19th May, 1959. Thus, the total area under acquisition left after the issue of this notification was 3,296.17 acres. These are the lands in question in Civil Writ Jurisdiction Case No. 435 arising out of Land Acquisition Case No. 3. Under the award, the total compensation of these lands has been fixed at Rs. 3,52,371.83. Out of this amount, a sum of Rs. 51,942.00 has been deducted on account of landlord's interest in favour of the State which is the landlord, the petitioners being only raiyats. Another small amount has been deducted on account of cost of contingencies, etc., and the net amount payable to the petitioners has been fixed at Rs. 2,98,867.96 (Rupees two lacs ninety-eight thousand eight hundred sixty-seven and paise ninety-six).