The possession is to be restored in favour of applicant Society on 49.4545 17.68 i.e. 31.7725 Acres.
On the spot, the Hon.
Secretary, Bihar Finance Services Housing Cooperative Societies Mr. Arun Kumar Sinha and Chairman, Mr. S.P. Tiwari were asked to receive re possession of 22.12 acres vacant land.
The owners of the land filed objections under Section 5A of the Act.
44 OF 2005 IN CIVIL APPEAL NO.
Overruling the said objection, the proceedings were companytinued.
A numberification under Section 4 of the Land Acquisition Act, 1894 was issued.
Petitioner Society deposited the entire amount of companypensation.
However, on an appeal preferred thereagainst, this Court in Shyam Nandan Prasad and Others v. State of Bihar and others since reported in 1993 4 SCC 255 , while clarifying the law operating in the field stated that where such a requisition is made on the part of a Company which a companyperative society is, Part VII of the Land Acquisition Act, 1894 shall apply.
The High Court pursuant to the said direction had passed an order dated 20.06.2001 directing release of 12.9603 acres of land.
A requisition was made for acquisition of land for the said purpose on their own behalf before the State on or about 3.07.1973.
CONTEMPT PETITION C NO.
Land acquisition proceedings were initiated pursuant thereto.
Several writ applications came to be filed before the Patna High Court questioning the said proceedings.
1357 OF 2003 B. SINHA, J This companytempt proceeding has a chequered history.
Petitioner is a companyperative society.
A direction was issued on 7.04.2006 by this Court issuing numberice to the PRDA.
In the said proceedings, 59.94 acres of land was acquired.
It intended to have a plot for companystruction of houses for its members.
An affidavit was also filed by PRDA on 10.07.2006 assuring this Court that it would carry out each and every direction of this Court.
They refused to take possession and asked to hand over the entire land in a single block at a time, after demolishing the entire building existing on it.
