DINESH KUMAR @ DINESH MEHTA S/O GANGA MAHTO Vs. STATE OF BIHAR
LAWS(PAT)-2014-12-1
HIGH COURT OF PATNA
Decided on December 08,2014

Dinesh Kumar @ Dinesh Mehta S/O Ganga Mahto Appellant
VERSUS
STATE OF BIHAR Respondents




JUDGEMENT

V.N.SINHA, J. - (1.)PETITIONERS claim themselves to be the resident of Nalanda Medical College and Hospital Road, Agam Kuan, Patna. Petitioners of C.W.J.C. No. 17101 of 2013 have filed writ petition for quashing the order dated 05.07.2013, 09/11.05.2013, passed by Additional Collector, Patna, Circle Officer, Sadar, Patna, Respondent Nos. 3, 5 in Land Encroachment Appeal Case No. 06/2013 -14 and Encroachment Case No. 28/2012 -13 (Annexure -8, 3 respectively), whereunder petitioners have been directed to remove their encroachment/house from Municipal Survey Plot No. 1689 within a period of two weeks from the date of notice which was received by the petitioners on 17.05.2013, as is evident from the receipt granted in the margin of the order -sheet dated 11.05.2013, passed by Circle Officer, Patna Sadar. A Division Bench of this Court under orders dated 25.06.2014, 04.07.2014 passed in the present writ petition directed that the writ petition be heard along with C.W.J.C. No. 6684 of 2010. In the light of the aforesaid two orders, present writ petition as also the connected C.W.J.C. No. 15839 of 2013 were heard together along with C.W.J.C. No. 6684 of 2010 on 01.12.2014. Having heard the three writ petitions this Court after concluding the arguments reserved its judgment in the present writ petition and C.W.J.C. No. 15839 of 2013 but vacated the interim order dated 19.08.2013 passed in C.W.J.C. No. 15839 of 2013 and directed that C.W.J.C. No. 6684 of 2010 be put up on 11.12.2014 maintaining its position to enable the District Magistrate, Patna to inform the Bench that encroachment from P.M.C.H., N.M.C.H., Patna has been removed and the area secured by raising boundary wall. In the light of the said order, we are proceeding to dispose of the present and the connected writ petition.
(2.)THE ground of challenge raised in the writ petition, other pleadings is that petitioners are purchaser of part of Municipal Survey Plot No. 1689 of Village - Sadikpur Sangram from the recorded tenant Dwarika Mahto vide registered sale -deed dated 09.05.1967 (Annexure -1), the land having not been acquired for any public purpose much less for the purpose of raising Nalanda Medical College and Hospital over the same, the direction of the authorities to remove the house raised by the petitioners from the part of Municipal Survey Plot No. 1689 is wholly without jurisdiction, is required to be quashed by this Court. In this connection reference has been made to the Gazette Notification dated 18th September, 1958, whereunder for public purpose i.e. raising of Medical Institution in Village Sandalpur No. 11, (at Page 76 of the brief), Ward No. 20 of Patna Municipal Corporation 70.592 acres of land in Block 'B' bounded in south by Municipal Survey Plot No. 1698 and other plots including Plot No. 1689, 1688 was proposed to be acquired with liberty to the land holders to file their objection to the proposed acquisition, if any within 30 days of the date of Notification. Further reference is made to the Declaration dated 18th August 1960, wherefrom it appears that in Village Sadikpur Sangram No. 17 and Rashidachak No. 16, in Ward No. 20, Patna Municipal Corporation, 11.945 acres of land bounded in the south by Survey Plot No. 1688p and other plots but not Plot No. 1689 was acquired for the public purpose i.e. location of Medical Institution in the said villages.
(3.)WITH reference to the Declaration dated 18.08.1960 it is submitted that Municipal Survey Plot No. 1689 was excluded from the aforesaid acquisition. The raiyat of the said plot Dwarika Mahto having sold part of the plot to Krishna Prasad, son of Kalyan Singh by virtue of registered Sale Deed dated 09.05.1967, Petitioner Nos. 1 to 3 along with sons of Krishna Prasad, Petitioner Nos. 4 to 6 have raised their residential house over the lands -inquestion and it is arbitrary on the part of the authorities to record a finding in a summary proceeding initiated under Public Land Encroachment Act that Plot No. 1689 of Ward No. 20 has also been acquired for raising Medical Institution over the same.
Learned counsel for the petitioners further submitted that the authorities having failed to produce the Award by which the land holders including the raiyat of Survey Plot No. 1689 were paid compensation for acquisition of 11.945 acres of land for raising Medical Institution, it is wholly arbitrary on the part of the Circle Officer, Sadar, Patna and Additional Collector, Patna to hold that the land bearing Municipal Survey Plot No. 1689 was also acquired along with other lands for raising Medical Institution. In this connection reference was also made to the last paragraph of the Declaration dated 18th August, 1960 (at Page 87 of the brief), whereunder it has been subsequently observed that plan of the lands acquired may be inspected in the office of the Land Acquisition Officer, Patna but the said plan of the lands acquired was never produced though directed by this Court under orders dated 15, 17.07.2014 and for failure of the authorities to produce the plan of the lands acquired, referred to in the Declaration dated 18th August, 1960, this Court may conclude that Plot No. 1689 was never acquired for the purpose of raising Nalanda Medical College and Hospital in Land Acquisition Case No. 78/1960 -61.

;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.