Judgement

PARIPOORNAN, J. :- Leave granted.

2. A batch of four Writ Petitions: CWJC No 8426/88, CWJC No. 6373/88, CWJC No. 3720/90 and CWJC No. 9000/89, was heard and disposed of by the High Court of Patna by a common judgment dated 30-7-1993. The appellants who obtained leave is S.L.P. (C) No.20490 of 1993, are the petitioners in CWJC No. 8426 of 1988. The intervenors and respondents in CWJC No. 6373/88 and the petitioners in CWJC No.3720/90, who have filed the civil appeals in pursuance to leave granted in S.L.P. (C) Nos. 21401-02 of 1993, are the appellants in the other appeals. No appeal is preferred by any of the parties in CWJC No. 9000/89 against the common judgment. The State of Bihar, its officials - the Patna Municipal Corporation, the Patna Regional Development Authority, the District Land Acquisition Officer, Patna, the Buddha Griha Nirman Sahyog Samiti Ltd. and its officials are the respondents in these appeals.

3. The main contesting respondents in the above appeals are - the State of Bihar, the Patna Regional Development Authority, and the Buddha Griha Nirman Sahyog Samiti Ltd. CWJC No. 6373/88 was a writ petition filed by the Buddha Griha Nirman Sahyog Samiti Ltd., praying that approptiate directions may be given to the respondents therein (the State of Bihar and its officials, Patna Municipal Corporation, Patna Regional Development Authority and District Land Acquisition Officer) to give effect to the directions given by the High Court in CWJC No. 3421/82 in the judgment dated 23-5-84, and for other consequential and incidental reliefs, including directions to the respondents to remove the encroachments or unauthorised constructions from the vacant lands which formed the subject matter of the notification. The four writ petitions were disposed of by a common judgment dated 30-7-1993, by a Division Bench of Patna High Court (S. B. Sinha and D. Sinha, JJ). By the aforesaid judgment the learned Judges directed the land acquisition officer to sign and complete the award in terms of the earlier order of the Court dated 31-7-1984, in Form 15 and to take further steps in terms of Section 12 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act). CWJC No. 6373/88 was allowed to the above extent. In view of the above directions, the other writ petitions were dismissed. The learned Judges also observed that the office will 123 start preparing separate records relating to the contempt of Court matters so as to pass necessary orders, and that the authorities before whom a suit and other encroachment proceedings relating to the land under acquisition were pending, shall expedite them. Aggrieved by the aforesaid judgment, the petitioners in CWJC No. 8426/88, the respondents and intervenors in CWJC No. 6373/88 and the petitioners in CWJC No. 3720/90, after obtaining special leave have filed the aforesaid appeals.

4. We heard Mr. Raja Ram Agarwal and Mr. S. B. Sanyal, senior counsel who appeared on behalf of the appellants and Mr. P. N. Lekhi, senior counsel, Mr. B. B. Singh, Advocate and Mr. A. Sharan, Advocate, who appeared on behalf of the respondents. The subject matter in the appeal relates to land acquisition proceedings, covering an extent of about 32.48 acres in the villages of Rajapur No.3 and Dujra No.4, Perganna Phulwari, Thana Phulwari, District Patna, initiated under Section 4(1) read with Section 17(4) of the Act as amended by Bihar Act No. 18 of 1964.

5. Buddha Griha Nirman Sahyog Samiti Ltd., a society registered under the Societies Registration Act on 4-3-1958, (hereinafter called the Society), and its officials are the petitioners in CWJC No. 6373/88. The Society requested the State Government to acquire land for the purpose of providing it to doctors, lawyers, Government servants and journalists for building purpose. An extent of 25.09 acres of land was acquired under the normal procedure and the acquisition was completed on 11-7-1962. Possession of the land was taken and compensation was also p