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