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Judgment
The writ petition is under Article 226 of the Constitution of India, seeking quashing of the letter no.161 dated 18.03.2009 issued by the respondent no.4,
whereby and whereunder no objection certificate for raising construction of Primary School building on the land belonging to the petitioner company
has been granted.
Mr. Indrajit Sinha, learned counsel for the petitioner by referring to the specific pleading made at paragraph 9, 10 and 11 has submitted that the land in
question was subject matter of title being Title Suit No.11 of 1961 filed by the State of Bihar for a declaration that the lands mentioned in Schedule-I,
II and III at the foot of the plaint both surface and underground had vested right in it and is free from all encumbrances with effect from 14.11.1951
after coming into force of the provision of Bihar Land Reforms Act but the said suit has been dismissed, whereby and whereunder transaction of
lease in favour of the other persons have been held to be void, the documents having not been executed by the lessor and the lessee both together on
account of non-compliance of the provision of Section 107 of the Transfer of Property Act but so far as other relief i.e. the lease in question were not
executed in conformity with Section 107 of the T.P. Act, has been held hit by Section 107 of the T.P. Act.
The suit has been preferred by the State of Bihar challenging the transactions inter alia on the three grounds. The subordinate judge who tried the suit
negated the first and third contention but accepted the second one i.e. the lease in question was not in conformity with Section 107 of the T.P. Act,
accordingly, held in paragraph 29 of the judgment that the said lease was hit by provision of Section 107 of the T.P. Act on account of being unilateral
documents and, therefore, leases were invalid in law, the aforesaid judgment has been confirmed in Appeal from Original Decree No.308 of 1963,
wherein the title of the petitioner has been conferred upon it as appear from paragraph 5 of the said judgment:
“5. During the pendency of this appeal another legislation was passed by the Parliament and that was the Coaking Coal Mines
(Nationalisation) Act, 1972, which provided for acquisition and transfer of the right, title and interest of the owners of the Coaking Coal
Mines as specified in the first schedule. It is not disputed that on coming into force of this Act, the right, title and interest of the defendant, if
any, whatever those might be in the demised land; vested in appellant no.1(a), namely, the Bharat Coaking Coal Limited, by a notification
promulgated by the Central Government. This position is undisputed and it defence the plaintiff and the defendants both.â€
Learned counsel for the petitioner in such circumstances and the decree passed as also the Central Legislation, is claiming absolute title over the
landed property and as such it has been contended that the order granting no objection certificate for construction of building over the land in question
by the State authority is absolutely illegal and improper.
Mr. Rupesh Singh, learned G.P-V for the respondent-State has submitted that rightly or wrongly the building has been constructed in the year 2010 in
which the Government school is running.
In view of such circumstances, he has sought for adjournment for four weeks to seek proper instruction from the authority of the State of Jharkhand.
List this case on 20.03.2020.
Office is directed to reflect the name of Mr. Rupesh Singh, learned G.P-V in the daily cause list henceforth.