Judgement

RAY, C. J. :- This appeal is by certificate from the judgment dated 8 May, 1968 of the High Court of Patna.

2. The appellants challenged the validity of the land acquisition proceedings in Land Acquisition Case No. 63 of 1961-92 initiated by the Collector of Patna on 17th July, 1961. The acquisition proceedings related to about 64-49 acres of land for what came to be known as Boring Road Scheme.

3. The Patna improvement Trust prepared a scheme called Boring Road Development Scheme. The Scheme was approved by the Government in the month of December, 1957. In the month of November, 1959 a notification was issued by the State Government under Section 4 of the Land Acquisition Act (hereinafter referred to as the Act.)

4. Respondent No. 4 Budha Graha Nirman Sahyog Samiti Limited requested the Government to acquire land for the purpose of providing land to doctors, lawyers, Government servants and journalists for building purpose. 25.08 acres were acquired under the normal procedure inviting objections under Section 5-A of the Act. This acquisition was completed on 11th July, 1962. Possession was taken and compensation was paid.

5. The Samiti wanted to acquire another block of 32.48