R.C. Lahoti, J.

The land, which is the subject matter of controversy in these proceedings, is 36.86 acres areas out of the total area of 45.92 acres of land of plot Nos. 4, 5 and 10 appertaining to khata No. 151 of Village Phulsari, District Lohardaga. Notification u/s 4(1) of the Land Acquisition Act, 1894 (hereinafter the Act for short) was issued on 16.2.1982 for acquiring the said land for the project called Phulsari Sapathi Nala. Declaration u/s 6 of the Act was issued on 25.5.1982. Objections u/s 9 of the Act were filed by the appellant herein. The State through Circle Officer, Kuru filed reply to the objections. On 19.2.1986 the Collector made an under Section 11 of the Act directing the compensation, as appointed by him, to be paid to Smt. Sharda Devi, the appellant.

2. The relevant, facts, which are beyond the pale of controversy at this stage and as would set out briefly the history of litigation, may be noticed. According to the appellant, the said land was Gairmajrua Malik land. It was a part of zamindari estate. Before vesting of zamindari, the land was settled by the ex-landlord in the name of one Deo Narain Prasad by means of a registered deed of settlement dated 24.4.1954. It was a raiyati settlement. The appellant purchased the land from the said Deo Narain Prasad through a registered deed of sale dated 7.9.1962. The appellant has developed the land and kept it under cultivation raising the crops. Her name was mutated in the revenue records by the Circle Officer. A correction slip was issued to her in her name. The State realized revenue from her from the very date of vesting i.e. from 1955 till 1975. The rent receipts were exhibited on record.

3. On 18.5.1979, the Circle Officer issued a notice u/s 3 of the Bihar Public Land Encroachment Act, 1956 (Bihar Act XV of 1956) calling upon the appellant to explain why she should not be treated as an encroacher on the land and why her encroachment should not be removed. The notice was issued on the premise that consequent upon vesting of zamindaris, the said land had stood vested in the State of Bihar and was, therefore, public land within the meaning of clause (3) of Section 2 of the Bihar Pubic Land Encroachment Act, 1956. The appellant filed a Writ Petition in the High Court registered as Civil Writ Jurisdiction Case No. 366 of 1979(R), laying challenge to the initiation of such proceedings. The counsel for the State made appearance though a written counter affidavit was not filed. The High Court after hearing both the parties, upheld the plea of the appellant that the said land was Gairmajrua Malik and not Gairmajrua Aam land and by virtue of the registered deed of transfer in favour of Deo Narain Prasad, the predecessor-in-title of the appellant, the appellant was justified in claiming that she was raiyat of the land in question and, therefore, could be ejected therefrom only in accordance with the provisions of the Chota Nagpur Tenancy Act. Inasmuch as such ejectment is permissible only on specified grounds, none of which existed in the present case, the notice issued to the appellant was without jurisdiction and liable to be quashed. The High Court by order dated 23.7.1984 allowed the Writ Petition and directed the proceedings initiated against the appellant under the provisions of the Bihar Public Land Encroachment Act, 1956 to be quashed.

4. In the year 1981, proceedings u/s 4(h) of the Bihar Land Reforms Act, 1950 proposing to annul the settlement of land in question in favour of Deo Narain Prasad were initiated. The proceedings were founded on the premise that the said settlement was done with the object of defeating the provisions of the Act. An inquiry was held. Once again the appellant filed a Writ Petition seeking quashing of these proceedings. The petition was registered as CWJC No. 1663 of 1981(R) and disposed of by the High Court by order dated 25.3.1987.

5. During the pendency of these proceedings, notification u/s 4(1) of the Act was published on 16.2.