SHARDA DEVI versus STATE OF BIHAR AND ANR.

SHARDA DEVI versus STATE OF BIHAR AND ANR.

State is not a 'person interested' as defined by Section 3(b) of the Land Acquisition Act, 1894 and cannot seek reference of a dispute as to its pre-existing right or interest in land under Section 30; any such reference and proceedings are without jurisdiction and nullity.

Parties
Appellant: Sharda Devi; Respondent: State of Bihar; Respondent: State of Bihar and Anr.
Jurisdiction
India
Judgment Date
08 January 2003
Procedural Posture
Civil Appeal / Appeal From Division Bench of High Court of Patna in LPA 39/88, Appeal by Special Leave Under Article 136 of the Constitution of India
Outcome
Appeal allowed
Legal Topics
Maintainability of Reference Under Land Acquisition Act, Interpretation of 'person Interested' Under Section 3(b), Jurisdiction of Civil Court Under Section 30, State's Right to Compensation in Acquisition Proceedings
Land Acquisition Administrative Law Property Law Maintainability of Reference Under Land Acquisition Act Interpretation of 'person Interested' Under Section 3(b) Jurisdiction of Civil Court Under Section 30 State's Right to Compensation in Acquisition Proceedings

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Parties

Sharda Devi

Appellant

State of Bihar

Respondent

State of Bihar and Anr.

Respondent

Procedural Posture

Civil Appeal / Appeal From Division Bench of High Court of Patna in LPA 39/88, Appeal by Special Leave Under Article 136 of the Constitution of India

Legal Issues

  1. 1 Whether the State is a 'person interested' under Section 3(b) of the Land Acquisition Act, 1894
  2. 2 Whether a dispute as to pre-existing right or interest of State in property can be referred by State under Section 30 of the Act
  3. 3 Whether reference to Civil Court at the instance of the State is maintainable under the Land Acquisition Act

Ratio Decidendi

State is not a 'person interested' as defined by Section 3(b) of the Land Acquisition Act, 1894 and cannot seek reference of a dispute as to its pre-existing right or interest in land under Section 30; any such reference and proceedings are without jurisdiction and nullity.

Court Disposition

Appeal allowed

Orders

  • Judgment of the Division Bench set aside
  • Judgment of the learned Single Judge restored