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Competency of the Government of Bihar to withdraw from land acquisition process under specific sections of the Land Acquisition Act, 1894. Allegations of unlawful possession by the Forest Department. Interpretation of sections 16, 17(1), and 48(1) of the Land Acquisition Act, 1894. Analysis: The Supreme Court of India addressed the issue of the competency of the Government of Bihar to withdraw from the land acquisition process under the Land Acquisition Act, 1894. The case involved lands in Telaiya and Debipur villages, initially notified for acquisition in 1959 under various sections of the Act. The appellant contended that the Forest Department unlawfully took possession of the lands, making the withdrawal by the Government invalid. The High Court rejected the appellant's claims, leading to the appeals before the Supreme Court. The appellant argued that the Government became the owner of the lands upon issuance of notifications under section 6 or notices under section 9(1) of the Act. However, the Government denied these allegations. The High Court found insufficient evidence to prove the Government's possession of the lands in 1954, dismissing the appellant's contentions. The Supreme Court concurred with the High Court's decision, emphasizing the lack of conclusive evidence regarding possession in 1953 or 1954. Regarding the interpretation of sections 16, 17(1), and 48(1) of the Act, the Court clarified that the Government only becomes the owner of the lands upon possession by the Collector under these provisions. The appellant's argument that possession was taken under section 17(1) was refuted due to the absence of evidence showing the Government's direction to the Collector for possession. The Court rejected the appellant's contention that possession automatically vested in the Government after the expiration of 15 days from the notice under section 9(1), emphasizing the need for explicit direction and possession under the Act. In conclusion, the Supreme Court dismissed the appeals, directing each party to bear its own costs. The Court noted the assurance by the Attorney-General on behalf of the State Government of Bihar regarding the waiver of interest on loans advanced for land development in the acquisition cases. The judgment clarified the legal requirements for land acquisition and highlighted the necessity of explicit possession under the Land Acquisition Act, 1894.
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