PARMANAND PRASAD SINGH Vs. THE STATE OF BIHAR AND ORS.
LAWS(PAT)-2015-9-50
HIGH COURT OF PATNA
Decided on September 02,2015

Parmanand Prasad Singh Appellant
VERSUS
THE STATE OF BIHAR AND ORS. Respondents




JUDGEMENT

Birendra Prasad Verma, J. - (1.)HEARD the parties.
(2.)THE matter at issue is the acquisition of 99 decimals of land belonging to the petitioner in the district of Gaya and payment of compensation thereof.
The brief facts necessary for disposal of the present writ petition are as under: - -

"On the requisition made by the respondent No. 6, a land acquisition proceeding was started under the provisions of The Land Acquisition Act, 1894 (in short, "Act, 1894"). Accordingly, a notification dated 19.08.2013 under Section 4 read with 17 (4) of the Act, 1894 for acquiring 47.97 acres of lands situate at village Iguna, Anchal Manpur, District Gaya for public purposes i.e. for construction of quarters for Border Security Force, as contained in Annexure -1 to the writ petition, was published in a news paper in its edition dated 31.08.2013. In the aforesaid notification published on 31.08.2013, details of plot numbers to be acquired have been mentioned, which includes plot Nos. 67 and 117 belonging to the petitioner. It is the case of the petitioner that the lands of khata No. 52, plot Nos. 67 and 117, total area being 99 decimals are the ancestral property of the petitioner (hereinafter to be referred as "the land in question"). Another notification dated 20.08.2013 in terms of Section 6 of the Act, 1894 was issued making a declaration that aforesaid 47.97 acres of lands including the land in question are required for public purposes, which was also published in the news paper on 01.09.2013 (Annexure -2). Subsequently, an award was prepared under Section 11 of the Act, 1894. An undated notice (Annexure -3) was issued purportedly under Section 12(2) of the Act, 1894 directing the petitioner to receive an amount of Rs. 23,41,491.00 by way of 80% compensation on 27.01.2014, failing which he shall not be paid interest."

(3.)IN the present proceeding filed under Article 226 of the Constitution of India, the petitioner has assailed the validity and correctness of the notifications as contained in Annexures 1 and 2 as also the notice, as contained in Annexure -3, on various grounds.
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