IN THE HIGH COURT OF JUDICATURE AT PATNA
SANDEEP KUMAR, J.
CWJC No.9599 of 2022
(8.10.2024)
Bihar Finance Service Housing
Construction Co-operative Society
Ltd. & Ors. .... Petitioners
vs.
State of Bihar & Ors. ... Respondents
Land Acquisition Act, 1894 – Section 4 read with Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR) Act, 2013 – Section 24 – Acquisition Proceeding – The word "or" should be interpreted conjunctively as "and" or disjunctively as "nor" to determine the conditions under which land acquisition proceedings may deemed to lapse – The Hon'ble Supreme Court has also held that the word "or" should not be taken literally to imply a disjunctive condition that could lead to the deemed lapse of land acquisition proceeding – Instead, it should be interpreted in a manner that reflects true legislative intent and prevent unjust outcomes – Therefore, both the requirements as contemplated under Section 24(2) must be met in order to attract the consequences of demand lapse – In the present case, the conditions have not been met to attract the deemed lapse under Section 24(2) of the Act, 2013 and therefore, the acquisition proceeding cannot be said to be lapsed and consequently, the petitioner – Society retains its right towards the allotted land at Kumhrar, Patna. (Para 31)
Shyam Nandan Prasad Vs. State of Bihar, (1993) 4 SCC 255 – Referred.
Indore Development Authority Vs. Manohar Lal, 2020 (3) BLJ 1 (SC) : (2020) 8 SCC 129; Sur Bihari Mandal Vs. State of Bihar, (CWJC No.10974 of 2019) – Relied.
Sandeep Kumar, J.—By way of this writ petition, the petitioners have prayed for the following reliefs:—
“(i) To issue an appropriate writ, order, direction in the nature of mandamus commanding the respondents to handover the physical possession of 16.2489 acres of land situated at Kumhrar, Patna to the Bihar Finance Service Housing Construction Co-operative Society Ltd. in compliance of the direction of the Hon'ble Supreme Court in Civil Appeal No.1357 of 2003, with a specific direction to the Collector, Patna for such handover within a period of 4 months.
(ii) To issue an appropriate writ, order, direction in the nature of mandamus commanding the respondents to alternatively allot 16.2489 acres of land in favour of the Bihar Finance Service Housing Construction Co-operative Society Ltd. within the Patna Municipal area.
(iii) To issue an appropriate writ, order, direction in the nature of mandamus commanding the respondents to pay the price of the value of the land to Bihar Finance Service Housing Constriction Co-operative Society Ltd. in lieu of the handover the physical possession of 16.2489 acres of land situated at Kumhrar, Patna, based on the prevailing circle rate of Kumhrar, Patna.
(iv) To issue an appropriate writ, order, direction in the nature of mandamus commanding the respondent no.10 to cancel the sale deeds registered in favour of the encroachers and consequently, register the 16.2489 acres of land at Kumhrar in favour of the Bihar Finance Service Housing Construction Cooperative Society Ltd.
(v) To issue an appropriate writ, order, direction in the nature of mandamus commanding the respondents to execute a perpetual land lease/leasehold/Khas Mahal Lease in respect of the 11.86 acres of land at Gardanibagh, Patna with Bihar Finance Service Housing Construction Co-operative Society Ltd. on payment of Re. 1/- per acre as its annual rent as approved by the State Cabinet on 01.07.2014.
(vi) To issue an appropriate writ, order, direction in the nature of mandamus commanding the respondents to compensate the Bihar Finance Service Housing Construction Co-operative Society Ltd. for the value of 21.1485 acres of land at Kumhrar with interest, which was not allotted to the Society in terms of the order and judgment dated 20.06.2001 of the Hon'ble Patna High Court in CWJC No.2755 of 1988 and analogous 23 other cases, and the order and judgment dated 18.08.2004 of the Hon'ble Supreme Court in CA No. 1357 of 2003.”
2. In this case, the petitioner no.1 is the Bihar Finance Service House Construction Co-operative Society. Petitioner nos.2, 3 and 4 are the President and the Members of the petitioner-Society. Since the members of the petitioner-society were landless, a society was created to secure land from the State Government by way of acquisition, as early as in the year 1973, for which payment was made about 38 years ago under the provisions of the Land Acquisition Act, 1894 by the petitioner-society. The petitioner-society has filed this writ petition pursuant to the order of the Hon’ble Supreme Court passed in W.P. (C) No.193 of 2022 wherein the Hon’ble Supreme Court had relegated the mater to this Court.
3. It is the case of the petitioner-society that on the requisition made by it, the State of Bihar initiated acquisition proceedings under the Land Acquisition Act for acquiring 59.95 acres of land at Kumhrar, Patna. A notification under Section 4 of the aforesaid Act was issued on 21.04.1981 and objections were invited as contemplated under Section 59(a) of the aforesaid Act. The objections so received from the interested persons were duly considered and disposed of. Thereafter, an agreement as per Section 41 of the Act was duly executed between the State Government and the petitioner-society on 24.02.1983 and was published in the official Gazette as per Section 42 of the Act on 04.03.1983. The declaration as provided under section 6 was issued on 16.03.1983 and accordingly, the amount of compensation was computed and an award o
Once possession is taken by the State after acquisition, the land vests in the State free from all encumbrances. The deposit of compensation in the Government Treasury prior to the enforcement of the....
Section 24(2) of the 2013 Act does not create a new cause of action to question finalized land acquisition proceedings where possession was taken and compensation paid.
The main legal point established in the judgment is that under Section 24(2) of the Fair Compensation Act, the acquisition proceedings would lapse if the possession of the land was not taken and comp....
Lapse of land acquisition proceeding – After acquisition of land and passing of award, land vests in State free from all encumbrances – Vesting of land with State is with possession – Any person reta....
No reasonable explanation being given by the petitioners for such inordinate delay, this court should not go into the stale demand of the petitioners after lapse of years.
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