SHANTI ROY Vs. STATE OF BIHAR
LAWS(PAT)-2017-4-68
HIGH COURT OF PATNA
Decided on April 24,2017

Shanti Roy Appellant
VERSUS
STATE OF BIHAR Respondents




JUDGEMENT

Hemant Kumar Srivastava, J.(CAV) - (1.)Petitioners have preferred this writ petition under Art. 226 of the Constitution of India praying therein to quash the part of Gazette Notification bearing No. 416 dated 07.10.1961 so far it relates to the petitioners by which the revenue department acquired a chunk of lands measuring 64.49 acres for development of the city of Patna and also for issuance of a direction to District Magistrate, Patna to produce the proceeding of Land Acquisition Case No. 63/1961-1962 and to quash the same so far it relates to the petitioners and furthermore, to declare the land acquisition proceeding lapsed in view of Sec. 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as " 2013 Act").
(2.)In 1957, a development scheme was formulated by the then Patna Improvement Trust which was approved in the year 1958. Thereafter, a declaration was published in the Bihar Gazette extra ordinary dated 07.10.1961 by which the State Government acquired a chunk of lands measuring 64.49 acres situated in different villages. The aforesaid acquired lands were handed over to Patna Improvement Trust and Land Acquisition Case No. 63/1961-1962 was initiated by the Collector of Patna. The compensation of the aforesaid lands was not paid to the land owners and litigation started between the State as well as land owners and others. The aforesaid litigation went up to the Honourable Apex Court. However, after sometime the State Government took a decision to return the acquired land to the land owners on 25.01975 and the aforesaid decision was placed before Patna Regional Development Authority and vide resolution No. 61/81 dated 14.09.1981 the Patna Regional Development Authority took the decision to return the acquired land to the land owners but the aforesaid decision was challenged by one Budha Grih Nirman Sahyog Samiti, who was claiming certain piece of lands out of the said acquired lands. The aforesaid Samiti filed CWJC No. 3241 of 1982 in which Division Bench of this Court vide order dated 23.05.1984 directed the Collector, Patna to prepare the award expeditiously as early as possible. The litigation of the parties went to Honourable Supreme Court and in Civil Appeal No. 7803 of 1995, the Apex Court vide judgment dated 31.08.1995 directed the State Government and its official to complete the proceeding of aforesaid land acquisition case as early as possible. Likewise several times direction was given by this court as well as Apex Court to the State Government as well as its official to prepare the award and complete the proceeding of aforesaid land acquisition case.
(3.)The claim of the petitioners is that they purchased lands of survey khata No. 76 and 80, plot No. 527, 521, 522, 526, 541, 615, 616, 617 and 618 on different dates through various sale deeds but admittedly the aforesaid purchase was made after initiation of Land Acquisition Case No. 63/1961-1962. Furthermore, claim of the petitioners is that they came in possession of their purchased lands and got constructed houses and school buildings. They got mutated their names and also got electric connection, telephone connection and made payment of tax to Patna Municipal Corporation. The stand of the petitioners is that the State Government as well as Patna Regional Development Authority and Patna Municipal Corporation failed to take possession of purchased lands of the petitioners nor the concerned authorities paid compensation amount either to vendors of the petitioners or the petitioners and after coming into force of 2013 Act, the aforesaid land acquisition proceeding was lapsed in view of Sec. 24(2) of 2013 Act.
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