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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (civil) 14198 of 1996

PETITIONER:

SHARDA DEVI

Vs.

RESPONDENT:

STATE OF BIHAR

DATE OF JUDGMENT: 13/03/2002

BENCH:

G.B. Pattanaik, S.N. Phukan & S.N. Variava

JUDGMENT:

S. N. VARIAVA, J.

1. This Appeal is against a Judgment dated 25th April, 1988.

2. Briefly stated the facts are as follows:

The Appellant claims that by a Registered Deed of Settlement dated

24th April, 1954 the land was settled in favour of one Dev Narayan

Prasad. On 19th February 1955, by virtue of Section 3(1) of the Bihar

Land Reforms Act, the land vested in the State of Bihar. The Appellant

claims that the State has been receiving rent from the said Dev

Narayan Prasad. On 9th February, 1962 the said Dev Narayan Prasad

sold the said land to the Appellant by a registered Sale Deed.

3. On 18th May, 1979 a notice was issued to the Appellant under

Section 3 of the Bihar Land Encroachment Act. The Appellant replied

to the Notice. Whilst these proceedings were pending, on 16th

January 1982 a Notification was issued under Section 4(1) of the Land

Acquisition Act, 1894 (hereinafter called the said Act). This