Fajrul Alias Fajlul Haque vs The State Of Jharkhand & Ors
2022 Latest Caselaw 3125 Jhar

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                      [Civil Writ Jurisdiction]
                       W.P.(C) No. 3972 of 2010

        Fajrul alias Fajlul Haque                            .... .. ... Petitioner
                                  Versus
        The State of Jharkhand & Ors.                        .. ... ... Respondents
                                     ...........

CORAM :HON'BLE MR. JUSTICE KAILASH PRASAD DEO .........

For the Petitioner : Mr. Rajeeva Sharma, Sr. Advocate For the respondents- State : Mr. Indranil Bhaduri, S.C.-IV Mr. Vineet Prakash, AC to S.C.-IV ......

05/ 10.08.2022.

Learned Sr. counsel, Mr. Rajeeva Sharma has submitted that Section 4(1) of the Land Acquisition Act, 1894 has been amended by Bihar with effect from 01.06.1961 whereby the Collector shall cause copies of the notification to be served on all persons known or believed to be interested in the land.

Learned Sr. counsel for the petitioner, Mr. Rajeeva Sharma has placed reliance upon the judgment passed by co-ordinate Bench of this Court in the case of Sheo Prakash Sinha & Ors. vs. State of Jharkhand & Ors., reported in 2008 (4) JLJR 433 (HC) whereby co-ordinate Bench has taken note of the judgment passed by this Court in the case of A.P. Sareen vs. State of UP, reported in 1997 (9) SCC 359 and also of the case of Chameli Singh vs. State of U.P., reported in 1996 (2) SCC 549 whereby it has been held that it was incumbent upon the respondent to serve the mandatory notice under Section 4(1) of the Act upon the owners of the land whose name and identity was available from the Government revenue record. Admittedly, no notice under Section 4(1) of the Act was served on the present petitioner as required under the provisions of the Act and thus, the initiation of the Land Acquisition Proceeding without complying with the mandatory provision of Section 4(1) of the Act is unjustified and illegal.

Learned counsel for the respondents-State, Mr. Indranil Bhaduri, S.C.-IV has submitted that two weeks' time may be granted so as to file supplementary counter-affidavit in this case.

Let the matter appears on 30.08.2022.

(Kailash Prasad Deo, J.) R.S.