Judgement

HEGDE, J.:- In these appeals by certificate, the only question that arises for decision is whether on the facts and in circumstances of these cases, the Government of Bihar was competent to withdraw from acquisition certain lands sought to be acquired under Acquisition Cases Nos. 3 and 4 of 1959-60 before the Additional Land Acquisition Officer, Hazaribagh.

2. The Lands concerned in these cases were notified for acquisition in 1959 under Section 4 of the Land Acquisition Act, 1894 (to be hereinafter referred to as the Act) under two different notifications. At about same time, the Government also took action under Section 17 (4) of the Act and dispensed with proceedings under S. 5-A. Simultaneously notifications under Section 6 were also issued. Thereafter proceedings under Section 9 and 11 were taken. When the acquisition proceedings were pending before the Land Acquisition Officer, the Government withdrew from acquisition some of the lands earlier notified under Sections 4 and 6. Consequently the Land Acquisition Officer excluded the compensation in respect of those lands from the computation made by him earlier. The appellant (common appellant in both the appeals) being aggrieved by that exclusion moved the High Court of Patna under Article 226 of the Constitution seeking directions from that Court to the Land Acquisition Officer to award him compensation in respect of those lands as well. The High Court rejected those writ petitions. Hence these appeals.

3. The lands in question are situate in the villages of Telaiya and Debipur. On June 11, 1948, they were notified under Section 14 and 21 of the Bihar Private Forest Act, 1947. Thereafter they were again notified under Section 29 of the Indian Forest Act in 1953 and 1954. Later on the Government felt that in order to include those lands in the adjoining Government forest, it would be necessary to acquire them. Consequently they were notified for acquisition. But after the lands in question were tentatively valued, the Government thought that it was not worthwhile to acquire entire area notified for acquisition. Hence it withdrew from acquisition a substantial portion of lands notified for acquisition. These in brief are the material facts.

4. The allegation of the appellant is that after the lands in question were notified under Section 29 of the Indian Forest Act, the Forest Department unlawfully took possession of those lands and continued to be in possession of the same and therefore when notifications under Section 6 were issued, the Government became the owner of those lands and thereafter it was not competent for the Government to withdraw from acquisition any of the lands notified under Section 6. Alternatively it was contended that the Government became the full owner of those lands when the Collector caused a public notice to be given under Section 9 (1) of the Act. Lastly it was contended that the lands in question had been actually taken possession of by the Collector under Section 17 (1) of the Act and hence they vested in the Government.

5. The Government of Bihar has denied all the above allegations. It denied that the Government took possession of the lands in question in 1954. It further denied that those lands had been taken possession of under Section 17 (1). The Government denied the allegation of the appellant that it became the owner of the lands in question either when notifications under Section 6 or notices under Section 9 (1) were issued.

6. The High Court was not satisfied form the evidence adduced by the appellant that the Government had taken possession of the lands in question in 1954. It thought that this was a disputed question of fact and on the material before it, it was not possible to decide that question conclusively and hence it declined to pronounce on that question. The High Court repelled the contentions of the appellant that possession had been taken under Section 17 (1). It also did not accept the contention of the appellant th