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2017 Supreme(Pat) 859

HEMANT KUMAR SRIVASTAVA
Rishikesh Kumar Son of Late Bagesh Wari Prasad – Appellant
Versus
State of Bihar through the Principal Secretary, Revenue and Land Reforms – Respondent


Advocates Appeared:
For the Petitioners: Mr. P.K. Shahi, Sr. Adv., Mr. Vikas Kumar, Adv.
For the Respondents: Mr. Chittaranjan Sinha, Mr. Vikash Kumar, Adv., Patna University Mr. Vivekanand Singh, Adv.

JUDGMENT :

1. This petition under Article 226 of Constitution of India has been filed for issuance of a declaration that the land acquisition proceeding arising out of L.A. Case No. 78 of 1958-59 and L.A. Case No. 63 of 1959-60 have lapsed in view of Section 24(2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as “the Act 2013”) and also for quashing the encroachment notices as contained in Annexure-1 series to the writ application issued by the Circle Officer, Patna Sadar, Patna in Encroachment Case No. 03 of 2016-17 and also for issuance of declaration that petitioners are no more encroachers of the lands in question.

2. The brief facts of the present matter is that somewhere in the year 1950, on the request of Patna University, Patna, the District Administration started land acquisition proceeding of land measuring 1.939 acre and 0.707 acre of Golakpur Mohalla district Patna vide L.A. Case No. 78 of 1958-59 and L.A. Case No. 63 of 1959-60 for expansion of Bihar Engineering College (NIT), Patna. A declaration under Section 6 of Land Acquisition Act vide notification no. 11671/R dated 13.11.1958














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