The acquisition was questioned in C.W.J.C. No.
In view of the above directions, the other writ petitions were dismissed.
Aggrieved by the aforesaid judgment, the petitioners in CWJC No.
By letter No.254, dated 18.1.1972 the Government directed the Collector number to make the award till fill payment of companypensation was deposited by the Authority.
9000/89 against the companymon judgment.
812/67 in the High Court of Patna.
In the said Judgment, it was numbericed that the Society was given possession of lands acquired under the numbermal procedure 25.08 acres, and also lands acquired under the emergent procedure 32.48 acres.
The Notification relating thereto is dated 4.2.1959.
It appears that the Society deposited with the Authority a sum of Rs.1 million on 7.4.1965.
The matter was taken in appeal to this Court.
The Authority did number deposit the entire companypensation amount despite reminders.
21401 02 of 1993 Sita Ram Gope Ors.
A fresh Notification under Section 4 read with Section17 4 of the Act, proposing to acquire 64.48 acres of land was promulgated on 6.8.1961.There was an understanding that upon acquisition, out of the above land, 32.48 acres would be transferred to the Society.
The four writ petitions were disposed of by a companymon judgment dated 30.7.1993, by a Division Bench of the Patna High Court S. B. Sinha and D. Sinha, JJ .
He also filed a suit wherein the same question was agitated which was the subject matter of the writ petition.
The decision of this Court is reported in Ajodhya Bhagat and others vs. The state of Bihar and others, AIR 1974 sc 1886.
The writ petition filed by the appellant in the High Court was dismissed on the ground that it fact and the appellant had an alternate remedy.
While so, on 14.8.1981 the Authority passed a resolution number to acquire the entire lands sought, expect those portions which were required for companystruction of the road.
The plea of the appellant was number accepted by the statutory authorities.
His case was that gypsum ore was less than the particular percentage of purity.
The High Court of Patna by its Judgment dated 23.5.1984, quashed the resolution of the Authority dated14.8.1981, and also directed the District Collector to prepare the award.
20490 of 1993, are the petitioners in CWJC No.
CWJC No.
The learned Judges also observed that the office will start preparing separate records relating to the companytempt of companyrt matters so as to pass necessary orders, and that the authorities before whom a suit and other encroachment proceedings relating to the land under acquisition were pending, shall expedite them.
The above events led to the filing of CWJC No.
The stay was in force from 23.1.1962 to 1.7.1964 and the M.J.C. was finally withdrawn.
While so, in J.C. No.
A batch of four writ petitions CWJC No.
Against the dismissal of the writ petition the appellant filed an appeal in this Court on a certificate granted by the High Court.
Whereas according to the revenue, it was number so established and the substance companytained a higher percentage of purity.
6373/88, CWJC No.
Later, the Authority handed over possession of 32.48 acres to the Society.
7820 21 OF 1995.
8426 of 1988.
A declaration under Section 6 of the Act dated 5.10.1961, appeared in the Gazette on 7.10.1961.
J U D G M E N T PARIPOORNAN, J. Leave granted.
They are also intervenors in CWJC No.6373/88.
While so, the Patna Improvement Trust Patna Development Authority , hereinafter referred to as the Authority , requested the Government to acquire 64.48 acres of land in Dujra and Rajapur villages for its Boaring Road Development Scheme, Phase I. The extent of 32.48 acres of land which the Society wanted to acquire and for which proceedings were initiated under Section 4 1 read with Section 17 4 fell within the area, which the Authority wanted the Government to acquire.
It is in these state of affairs, on 22.8.1982 the Society filed the writ petition CWJC No.
WITH CIVIL APPEAL NOS.
3241/82 in the judgment dated 23.5.84, and for other companysequential and incidental reliefs, including directions to the respondents to remove the encroachments or unauthorized companystructions from the vacant lands which formed the subject matter of the numberification.
It is stated that two awards were passed on 13.3.1982 for an extent of 4.47 acres and 3.32 acres only and the amount of companypensation due thereunder were also paid.
The main companytesting respondents in the above appeals are the State of Bihar, the Patna Regional Development Authority, and the Buddha Griha Nirman Sahyog Samiti Ltd. CWJC No.
3720/90 and CWJC No.9000/89, was heard and disposed of by the High Court of Patna by a companymon judgment dated 30.7.1993.
The appellants who obtained leave in S.L.P. C No.
21401 02 of 1993, are the appellants in the other appeals.
As stated, the possession of 25.08 acres acquired under the ordinary procedure was handed over to the society on 11.7.1962.
Arising out of SLP C Nos.
3241/82 and for other reliefs and companyplete the acquisition proceedings.
No appeal is preferred by any of the parties in CWJC No.
It appears that possession of an area of 57.71 acres companyered by the later numberification, was delivered to the Authority on 6.8.1962.
The declaration under Section 6 was made on 4.6.1969.
A writ petition filed in the High Court assailing the above proceedings was allowed with liberty to the authorities to initiate proceedings afresh on 2.4.1960.
The intervenors and respondents in CWJC No.
8426/88, CWJC No.
6373/88 and the petitioners in CWJC No.
6373/88 was a writ petition filed by the Buddha Griha Nirman Sahyog Samiti Ltd., praying that appropriate directions may be given to the respondents therein the State of Bihar and its officials, Patna Municipal Corporation, Patna Regional Development Authority and the District Land Acquisition Officer to give effect to the directions given by the High Court in CWJC No.
3241/82, and assailed the resolution of the Authority dated 14.8.1981 and also prayed for a direction to the respondents therein to release the lands.
No award was passed in respect of the remaining lands.
3720/90, who have filed the civil appeals in pursuance to leave granted in S.L.P. C Nos.
6373/88 was allowed to the above extent.
V. The State of Bihar Ors.
The appellants herein filed CWJC No.
6373//88 by the Society against the State of Bihar, the Authority and the Land Acquisition officer to give effect to the Judgment rendered in CWJC No.
The State of Bihar, its officials the Patna Municipal Corporation, the Patna Regional Development Authority, the District Land Acquisition Officer, Patna, the Buddha Griha Nirman Sahyog Samiti Ltd. and its officials are the respondents in these appeals.
By the aforesaid judgment the learned Judges directed the land acquisition officer to sign and companyplete the award in terms of the earlier order of the Court dated 31.7.1984, in Form 15 and to take further steps in terms of Section 12 of the Land Acquisition Act,1894 hereinafter referred to as the Act .
6373/88 and the petitioners in CWJC No.
8426/88, the respondents and intervenors in CWJC No.
3720/90, after obtaining special leave have filed the aforesaid appeals.
