- (1.) This contempt proceeding has a chequered history. Petitioner is a cooperative society. It intended to have a plot for construction of houses for its members. A requisition was made for acquisition of land for the said purpose on their own behalf before the State on or about 3.07.1973.
(2.) Land acquisition proceedings were initiated pursuant thereto. A notification under Section 4 of the Land Acquisition Act, 1894 was issued. The owners of the land filed objections under Section 5A of the Act. Overruling the said objection, the proceedings were continued. A declaration under Section 6 of the Act was issued followed by an award. In the said proceedings, 59.94 acres of land was acquired. Petitioner Society deposited the entire amount of compensation. Several writ applications came to be filed before the Patna High Court questioning the said proceedings.
(3.) The said writ petitions were allowed by the High Court stating: "40. For the reasons aforementioned in considered opinion, all the writ applications are fit to be allowed and the impugned declaration under Section 6 of the Act vide notification dated 16/18.03.1983 as contained in Annexure 2 in C.W.J.C. No. 2755 of 1988 is fit to be quashed. The case, however, has to be remitted to the respondents State Government for further proceeding in the matter of inquiry under Section 40 of the Act and Rule 4 of the aforementioned Rules and under the Act for inquiry under Section 5A of the Act until objections filed by the petitioners in accordance with law.";