A numberification under s.4 1 of the Land Acquisition Act, 1894, 1/94 for short, the Act was published on February 13, 1957 acquiring the disputed land alongwith other lands for public purpose, namely companystruction of the houses by the Housing Board, known as the Peoples Cooperative House Construction Society Ltd., Patna.
The Subordinate Judge in his order dated 18th October, 1985 found prima facie case with triable issue.
Accordingly, injunction was issued, restraining the appellants from dispossessing the respondent till the disposal of the suit without causing any disturbance to the plaintiffs possession and enjoyment of the suit land or demolition of any structure standing thereon.
This appeal by special leave arises from the judgment and order dated 7th February, 1986 passed by the Patna High Court at Patna in Miscellaneous Appeal No.16 of 1986.
The possession of the land was taken on March 22, 1957 and the same was given to the Housing Board on the same day.
On appeal, it was modified by the High Court, holding that the status quo as on October 18, 1985 shall be maintained.
Steps were taken by the Housing Board to have the encroachers ejected from those lands.
The declaration under s.6, was published on March 27, 1957.
Thus, these appeals by special leave.
Leave granted.
