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 acres. This acquisition was under Section 4 (1) read with Section, 17 (4) of the Act issued on 2nd November 1959. This acquisition was struck down by the High Court at Patna on 2 April, 1960. The Court however said that the Government could initiate fresh proceedings under the Act for acquisition of 32.48 acres of land in accordance with law.

6. Thereafter the Scheme of the Trust was approved on 17th December, 1960. The Government gave permission to the Trust to acquire 64.49 acres of land. It appeared that 32.48 acres of land which the Samiti wanted to acquire fell within the area of the Scheme of the Trust. The Government decided that the land of 64.49 acres be acquired by the Trust and development by it and then an area of 32.48 acres be handed over to the Samiti. The Samiti agreed.

7. The Collector of Patna issued a notification under Section 4 of the Act read with Bihar Act No. XI of 1961. The notification was signed by the Collector on 17 July, 1961 and was issued on 6 August, 1961.

8. The Bihar Act XI of 1961 made certain amendments to the Land Acquisition Act. Under Section 4 (1) of the Act the Government alone had the authority to issue a notification in the Gazette that land in any locality is needed for public purpose. As a result of the Bihar amendment to Section 4 the Collector was given concurrent power to issue such a notification. The Collector s notification was not required to be published in the Gazette but could be validly published in the office of the Collector. Section 17 of the Act contains certain provisions which are described as emergency provisions. The Bihar Act effected certain amendments to Section 17. The provisions of Section 17 of the Act, as applicable to Bihar, state that in case of urgency, whenever the Government so direct, the Collector though no such award has been made, may on the expiration of fifteen days from the publication of the declaration mentioned in Section 6, take possession of any waste or arable land needed for public purposes or for a Company. The important provision in Section 17 is that the Collector cannot take recourse to the provisions without an appropriate direction from the Government as stated in that Section.

9. On 6 August, 1961 a notice was published in the Gazette. The notice stated that in exercise of powers conferred by Section 17 (4) of the Act the local Government decided that in view of the urgency of the project, provisions of Section 5-A shall not apply. The notification in short records that the acquisition was in the opinion of the government one of urgency and the Government gives direction in that behalf and, therefore, the provisions of Section 5-A were not applicable.

10. On 5 October, 1961 the Government of Bihar issued a declaration under Section 6 of the Act in respect of