IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13311 of 2007 GOPAL MISHRA Versus THE STATE OF BIHAR & ORS -with- CWJC No.13336 of 2007 JAGNARAYAN MISHRA Versus THE STATE OF BIHAR & ORS ----------- For the petitioner:- M/S Awadhesh Kumar Pandit & Uday Kumar Mishra, Advocates. For the State :- Mr. A.A.G-3. ====== 8. 28.07.2008. Heard learned counsel for the petitioners and the State. 2. Petitioners are the land-holders. Their lands were subject matter of Land Acquisition Case No. 3/9-1981-82 which was initiated pursuant to Notification dated 19.08.1980 issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as “the Act”). Declaration under Section 6 of the Act is dated 18.12.1980. Both the documents are contained in Annexures- C and E to the supplementary counter affidavit. The acquisition was for the purposes of laying a road. The possession of the lands in-question was taken in the year 1980 soon after notification under Section 4 and declaration under Section 6 of the Act was published whereafter the road was also laid over the same. The Award was also made on 21.07.1982 and is contained in Annexure-I to the supplementary counter affidavit. Funds being not available, the purpose of the acquisition having achieved and road already laid the State-respondents did not think it appropriate to issue notice under Section (2) of Section 12 of the Act to the land- holders calling upon them to collect the compensation for the lands acquired. 3. This writ application was filed on 06.10.2007 praying inter alia to direct the State-respondents to make payment for the lands of which they had taken possession and laid a road over the same. During the pendency of this writ application State-respondents issued notice dated 11.06.2008, Annexure-K to the second supplementary counter affidavit under Sub-Section (2) of Section 12 of the Act with - 2 - reference to the Award dated 21.07.1982 calling upon the petitioner to appear on 18.06.2008 to collect the compensation at the market value which was prevailing on the date of issue of Section 4 notification dated 19.08.1980 on the basis of which the Award dated 21.07.1982 was made. Petitioners have assailed such notice with a request to quash the Award dated 21.07.1982 as the same was not notified immediately as is required under Sub-Section (2) of Section 12 of the Act but after 28 years of the publication of the declaration and 26 years after the signing of the Award. 4. It is submitted on behalf of the petitioners that the Award may have been made on 21.07.1982 but as the notice under Sub- Section (2) of Section 12 of the Act was not issued immediately thereafter, as is required under Sub-Section (2) of Section 12 of the Act, this Court should not only quash the notice dated 11.06.2008 issued under Sub-Section (2) of Section of 12 of the Act, as contained in Annexure-K to the second supplementary counter affidavit but also the Award dated 21.07.1982, Annexure-I to the supplementary counter affidavit with direction to the State-respondents to prepare the Award in terms of the current market value of the lands in-question and thereafter to issue fresh notice under Sub-Section (2) of Section 12 of the Act failing which petitioners shall be forced to accept compensation on 11/18.06.2008 at the market value prevailing on 19.08.1980 which shall be wholly arbitrary. 5. Counsel for the State has opposed the prayer. According to him Award having been signed on 21.07.1982 i.e. within two years of the declaration under Section 6 of the Act this Court has to affirm the same with liberty to the petitioners to assail the valuation of the lands fixed under the Award by raising a reference under Section 18 of the Act. 6. I regret to accept the aforesaid submission raised by the learned counsel for the State. The Award dated 21.07.1982, Annexure-I to the supplementary counter affidavit may have been prepared and signed on 21.07.1982 but as the notice in terms of Sub- Section (2) of Section 12 of the Act was issued 26 years thereafter in - 3 - the year 2008 calling upon the petitioners to appear on 18.06.2008 to collect the compensation amount the Award for all practical purposes was acted upon after 26 years of its being signed and thereby the petitioners are being forced to accept compensation on 18.6.2008 at the market value which was prevailing on 19.08.1980 the date on which notification under Section 4 of the Act was issued which is wholly arbitrary and violative of Article 14 of the Constitution of India, as such, this Court has no option but to quash the Award dated 21.07.1982. Accordingly, I quash the Award dated 21.07.1982, as contained in Annexure-I to the supplementary counter affidavit and direct the Collector, Rohtas at Sasaram to prepare another Award on the basis of the market value of the lands prevailing on 11.06.2008, the date of issue of notice under Sub-Section (2) of Section 12 of the Act, as contained in Annexure-K to the second supplementary counter affidavit and thereafter to issue another notice under Sub-Section (2) of Section 12 of the Act calling upon the petitioners to collect the amount of compensation. Necessary exercise in terms of this order be made as early as possible, in any case within a period of three months from the date of receipt/production of a copy of this order. 7. These Writ applications are, accordingly, disposed of. A.F.R./P.K.P. (V.N.Sinha,J.)