R.R. Prasad, J. - (1.) HEARD Mr. Manjul Prasad, learned senior Counsel appearing for the Petitioner and learned J.C. to A.G. appearing for the State.
(2.) LEARNED Counsel appearing for the Petitioner submits that at the instance of the Petitioner a proceeding under the Land Acquisition Act was initiated in the year 2008 for acquiring about 50.81 acres of land of different plots of Village Khuchidih, P.S. Chandil in the district of Saraikela -Kharsawan, details of which is being described here in below: According to the Petitioner, the land was to be acquired urgently and as such, an amount to the extent of 80% of the total estimated value of the land was deposited in the year 2006 -07 but still the proceeding has not reached to its final stage and thereby, the possession of the land has not been given to the Petitioner for establishing Industry, though the State Government, according to the statement made in the counter affidavit, has already taken possession of those lands and that as the Collector has not prepared the award, the rest of the 20% amount could not be paid and under this situation, the Petitioner has moved this Court for a direction to the Authority to prepare an award so that rest of the payments be made by the Petitioner and the Petitioner be given possession over the land.
(3.) A counter affidavit has been filed on behalf of the State, wherein it has been stated that since two years have already elapsed from the date of issuance of the notification under Section 4 of the Land Acquisition Act, a fresh estimate of the compensation amount is to be made and unless it is done and the payment is made, the Petitioner is not entitled to have possession over the land.;