- (1.) SINCE common question of law arises on the basis of identical facts in all the three writ applications, they are heard and disposed of together by this common order.
(2.) CHALLENGE in these writ petitions is against the initiation of the land acquisition proceeding vide I.A. Case No. 1 of 2006 -07 (Annexure -3) in respect of the lands belonging to the petitioners. The petitioners have challenged the notification issued under Section 4(1) of the Land Acquisition Act and the declaration under Section 6 of the Land Acquisition Act. Petitioners claim themselves to be owners of the various units of land situated within Pundag and other areas and this fact is confirmed by the revenue records of the State Government, wherein the names and identity of the petitioners in respect of their respective area of land, stands mutated and they are in occupation and possession of their respective lands. A Public Interest Litigation vide W.P.(PIL) No. 149 of 2003 was filed before this court for shifting of Khatals (cattle sheds) from within the municipal area of Ranchi Town Municipality, on the ground that such khatals have been causing health hazards to the inhabitants of the town. The State Government had agreed to shift all the khatals from within the urban area under Ranchi Municipality and to rehabilitate them beyond the precincts of the urban area by identifying suitable area of land at appropriate places. A direction was accordingly issued, to the State Government by this Court, in the aforesaid Public Interest Litigation to take necessary steps in the matter. The State Government thereafter identified the lands which included the lands belonging to the petitioners and initiated the process of acquisition of the land under the Land Acquisition Act.
(3.) THE grievance of the petitioners is that they were never informed by the respondents by serving them a notice, as required under the provisions of Section 4(1) of the Land Acquisition Act and they could learn about the initiation of the proceeding pending before the Land Acquisition Officer (respondent no. 6) through the newspapers on 26.4.2008. Upon such knowledge, the petitioners had promptly filed their respective objections in the land acquisition proceeding which was initiated vide I.A. Case NO.1 of 2006 -07, but no order was passed on the objections of the petitioners and on the other hand, the respondent no. 6 has almost completed the process of acquisition by preparing the awards for payment of compensation and that too in the name of dead persons such as late Wahid Ali from whose heirs and successors, the petitioners and several others had purchased different portions of the land and had acquired right and title over such lands.;