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2011 Supreme(Jhk) 403

DHIRUBHAI NARANBHAI PATEL
Raju Lakra – Appellant
Versus
State of Jharkhand – Respondent


ORDER

D.N. Patel, J.

1. This writ petition has been preferred by the Petitioners for getting back the land, which has not so far been used by the Respondent-State of Jharkhand, after acquisition.

2. It is submitted by the learned Counsel for the Petitioners that the purpose for which the land was acquired is a public purpose and the Government has not used the land, for which it has acquired the land and, therefore, the land must be reverted back to the Petitioners, because the Petitioners are the legal heirs of the original raiyat.

3. Having heard learned Counsel for both the sides and looking to the facts and circumstances of the case, the aforesaid proposition, tendered by the learned Counsel for the Petitioners, is not accepted by this Court. Once the land is acquired and compensation is paid by the Government, it becomes the property of the Government under Section 16 of the Land Acquisition Act, 1894. It might not have been used for the public purpose, for which it was acquired. It all depends upon the wisdom vested in the Government.

4. Once the land is acquired, it vested in the State, free from all encumbrances. The landowner is concerned with the payment of compensation. After


















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