Title-Ramji Singh & ors Vs The State of Bihar
Decided on-19/12/2023
+CWJC No.13459/2021
CORAM-HON’BLE JUSTICE PRABHAT KUMAR SINGH
FACT
As per the fact the land in question was acquired by the land Acquisition Department, Government of Bihar under the land Acquisition Project -1974 but till now have not taken physical possession of the acquired land nor any compensation has been paid in lieu of acquired land to the petitioner and it is settled law that if physical possession has not been taken or the compensation is not paid them the acquisition proceeding is deemed to have lapsed.It is further submitted that action of respondents in construction of canal under Tirhut Gandak Project is illegal and hence end of justice the respondent are required to be restrained from the construction of the canal over the land of petitioners.The petitioners have further state that even assuming lands were acquired and possession was taken by the state Government/Water Resources Departments,Bihar and it shall be assumed that the state has waived their all rights as they admitted the title and possession of the petitioner by conducting operation of consolidation Act on the said land by accepting rent,issuing rent receipt,establishing the relationship of landlord and tenants between the state Government and the petitioner.Accordingly if the respondents still desire to have the said land acquired fresh Acquisition proceedings as mandated under section 24 of the New Act,should be intimidated.
LAW INVOLVED/LEGAL PROVISIONS
As the present writ application has been filed by the petitioner for restraining the respondents from the construction work of canal over the land of petitioners in the light of Land Acquisition Project of 1974.
ISSUE RAISED
Whether land acquired in the year 1974 and compensation duly paid but merely on the ground of petitioner are in possession of the land.
THE COURT ANALYSIS AND DECISION
As after hearing both the parties Hon’ble court observed and state that It is not in dispute that the land in question was acquired in the year 1974 and compensation was duly paid merely on the ground that petitioners are in possession of the land in question the construction of the canal which is of public and national importance,cannot be stopped by this Hon’ble court on frivolous grounds in the eye of law.As it is not proper on the part of the petitioners to challenge the acquisition proceeding or claim possession in the ground of adverse possession.Transfer of lands were taken from them in 1974 and after lapse of 50 years of acquisition, creating hurdles in an important project are not fit and proper Accordingly the writ application is dismissed.
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Written by- Prachee
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