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1959 Supreme(Pat) 41

R.K.CHOUDHARY, V.RAMASWAMI
Rameshwar Kumar – Appellant
Versus
R. P. Mishra – Respondent


Judgment

1. In all these four cases, which have been heard together, a common question of law arises for determination, namely, whether Sec. 4 of Bihar Act XXI of 1956, which amends Sec.35 of Act I of 1894, is constitutionally valid. On the 22nd September, 1956, the Land Acquisition (Bihar Amendment) Act, 1956, received the assent of the Governor, and the assent was published in the Bihar Gazette, Extraordinary, of the 6th October, 1956. Sec. 4 of the statute is in the following terms : --

"4. Amendment of Sec.35 of Act I o£ 1894:-

- To Sub-section (1) of Section 35 of the said Act, the following proviso shall be added, namely :-- "Provided that, whenever it appears to the Collector that, on account of apprehended damage to life or property by erosion, the temporary occupation and use of such land are urgently needed for the purpose of rehabilitating displaced person or needed by any Railway Administration for the maintenance of their traffic or for the purpose of making thereon a river-side or ghat station, or of providing connection with or access to any such station, the Collector may, without any direction of the appropriate Government, procure the occupation and use of the same









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