SHARDA DEVI Vs. STATE OF BIHAR
SUPREME COURT OF INDIA
STATE OF BIHAR
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S. N. Variava, J. -
(1.)This appeal is against a Judgment dated 25th April, 1988.
(2.)Briefly stated the facts are as follows :
The appellant claims that by a Registered Deed of Settlement dated 24th April, 1954 the land was settled in favour of one Dev Narayan Prasad. On 19th Feburary 1955, by virtue of Section 3(1) of the Bihar Land Reforms Act, the land vested in the State of Bihar.The Appellant claims that the State has been receiving rent from the said Dev Narayan Prasad. On 9th February, 1962 the said Dev Narayan Prasad sold the said land to the Appellant by a registered Sale Deed.
(3.)On 18th May, 1979 a notice was issued to the Appellant under Section 3 of the Bihar Land Encroachment Act. The Appellant replied to the Notice.Whilst these proceedings were pending on 16th January 1982 a Notification was issued under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter called the said Act). This was followed by a Declaration under Section 6 on 25th May, 1982. The Appellant filed a claim under Section 9 of the said Act. Similarly, the Circle Officer, on behalf of the State, filed a claim under Section 9 of the said Act. An Award came to be passed in favour of the Appellant on 19th February, 1985. The State filed a Reference under Section 30 of the said act for determination of the title. The State claimed that they were entitled to receive compensation. On 6th September, 1986 the Land Acquisition Judge held in favour of the Appellant. The State then filed an Appeal which was dismissed on 25th April, 1988.
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