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TMI Blog1995 (8) TMI 320X X X X Extracts X X X X X X X X Extracts X X X X ..... Development Authority, the District Land Acquisition Officer, Patna, the Buddha Griha Nirman Sahyog Samiti Ltd. and its officials are the respondents in these appeals. 3. The main contesting 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. 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 in the judgment dated 23.5.84, and for other consequential and incidental reliefs, including directions to the respondents to remove the encroachments or unauthorized constructions from the vacant lands which formed the subject matter of the notification. The four writ petitions were disposed of by a common judgment dated 30.7.1993, by a Division Bench of the Patna High Court (S. B. Sinha and D. Sinha, JJ). By the aforesaid judgment the learned Judges directed th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uisition). The Notification relating thereto is dated 4.2.1959. 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. 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. 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. A declaration under Section 6 of the Act dated 5.10.1961, appeared in the Gazette on 7.10.1961. As stated, the possession of 25.08 acres acquired under the ordinary proc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d. The Court also noticed that there was unauthorized construction and encroachments, but since the land vested in the Government and possession was taken over, no rights will acquire by such unauthorized construction and encroachments. It is seen that the special leave petition filed against the Judgment of the High Court in CWJC No. 3240/82 was dismissed by this Court on 23.9.1984. Pursuant to the aforesaid Judgment an award dated 31.7.1984 was passed. The appellants contend that the proceeding dated 31.7.1984 is only a valuation statement and not an award. According to the respondents, the proceeding dated 31.7.1984 is in substance an award. The Society filed an application before the Collector under the Bihar Public Encroachment Land Act, 1976 against 207 persons. The Society also filed Title Suit No. 32/87 in the Sub Court I, Patna against 357 persons for restoration of possession by evicting the encroachers. 7. The above events led to the filing of 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. 3241/82 and for other reliefs and complete the acquisition proceedin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... date of the publication of the notification: Provided further that no such declaration shall be made unless the compensation to be awarded for such property id to be paid by a Company, or wholly or partly out of public revenues or some fund controlled or managed by a local authority. 11. Enquiry and award by Collector.- (1) on the day so fixed, or on any other day to which the enquiry has been adjourned, the Collector shall proceed to enquire into the objections (if any) which any person interested has stated pursuant to a notice given under Section 9 to the measurements made under Section 8, and into the value of the land at the date of the publication of the notifications under Section 4, sub- section (1), and into the respective interests of the compensation and shall make an award under his hand of - (i) the true area of the land; (ii) the compensation which in his opinion should be allowed for the land;and (iii)the apportionment of the said compensation among all the persons known or believed to be interested in the land, of whom,or of whose claims, he has information, whether or not they have respectively appeared before him: Provided that no award shall be m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e appropriate Government may direct that the provisions of Section 5-A shall not be apply, and, if it does so direct, a declaration may be made under Section 6 in respect of the land at any time after the date of the publication of the notification under section 4, sub-section (1). 48. Completion of acquisition not compulsory, but compensation to be awarded when not completed.- (1) Expect in the case provided for in Section 36, the Government shall be at liberty to withdraw from the Acquisition of any land of which possession has not been taken. It was contended that in view of Section 11-A of the Act the entire land acquisition proceedings lapsed as no award under Section 11 had been made within 2 years from the date of commencement of the Land Acquisition Amendment Act, 1984. We are of the view that the above plea has no force. In this case, the Government had taken possession of the land in question under Section 17(1) of the Act.It is not open to the Government to withdraw from the acquisition (Section 48 of the Act). In such a case, Section 11-A of the Act is not attracted and the acquisition proceedings would not lapse, even if it is assumed that no award was made withi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the said ordure, and since there is substantial compliance, it should be treated as an award. The High Court was also of the view that even a defective award which has provisions with the directions of the Court and the provisions of law will not invite the wrath of Section 11-A of the Act. We are in general agreement with the reasoning and conclusion of the high Court in holding that three proceedings dated 31.7.1984, in the facts and circumstances of the case, is an award passed by the Collector under the Act, though not in Form 15. It is only a matter of procedure which should be complied with. Since the direction given by the High Court in CWJC No. 3241/82 should not be effectuated, the High Court was justified in directing the authority concerned to sign and complete the award in t terms of the earlier order dated 31.7.984. The reasoning of the High Court that it has power to issue such directions under Article 215, in a case where otherwise the conduct of the persons called for punishment in contempt, appears to be justified. We hold that the proceedings dated 31.7.1984, is in substance, an award, though it is not in Form 15. 10. Mr. Sanyal, senior counsel, very stro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o, it cannot be said that in the instant case, the relief sought was to remove the encroachments from the lands or to remove the unauthorized constructions, which are covered by the encroachment case or the title suit. They may be incidental or consequential to the main relief, in giving effect to the earlier directions or orders of Court. But such relief cannot be withheld or denied. In the Judgment dated 23.9.1984, rendered in CWJC No.3241/82, the Court categorically held that non-passing of the award will not nullify the acquisition, the validity of the acquisition was upheld by the High Court and the Supreme Court, and the encroachments or the unauthorized structures were put up by persons in the property at their own risk, and it was further observed that once possession of the land was taken by the Government the fact that the owner of the land entered upon the land, will not obliterate the consequences of vesting, and allowed the writ petition filed by the Society, and quashed the steps taken for derequisitioning of the land requested by the Authority and issued a writ of mandamus directing the Collector of Patna to prepare the award as expeditiously as possible. The plea of ..... 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