Dismissed

Agnu Manjhi v. Land Reforms And Revenue Department

Jharkhand HC9 Sept 2015WPC/5138/2014

Case brief

AI extract

What is this about?

This writ petition challenged a notice directing compensation payment for land acquired under the 1894 Act. The court dismissed the petition, holding that the acquisition was not lapsed as possession had been taken and partial compensation had already been paid to other awardees.

What did the court decide?

The notice dated 16.06.2014 was held to be valid and the writ petition was dismissed.

Agnu Manjhi Vs Land Reforms And Revenue Department — Land Acquisition | Jharkhand HC (2015)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 5138 of 2014

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Agnu Manjhi S/o Late Sonaram Manjhi, R/o Village+PO Sarubera, PS Mandu, Dist. Ramgarh, Jharkhand

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… … Petitioner

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Versus

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State of Jharkhand

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The Secretary, Department of Revenue and Land Reforms State of Jharkhand, At-Project Building, PO+PS Dhurwa, Dist. Ranchi 3. Deputy Commissioner-cum-Collector, Ramgarh At+PO &PS Ramgarh, Dist. Ramgarh 4. District Land Acquisition Officer, Ramgarh At+PO&PS Ramgarh 5. Central Coalfields Limited through its Chairman-cum Managing Director, Darbhanga House, PO GPO, PS Kotwali, Dist. Ranchi 6. General Manager, Kuju Area, Central Coalfields Limited, At+PO-Kuju, PS Mandu, Dist. Ramgarh 7. Project Officer, Sarubera Colliery, Central Coalfields Limited, At+PO- Sarubera, PS Mandu, Dist. Ramgarh 8. Estate Officer, Central Coalfields Limited, Darbhanga House, PO GPO, PS Kotwali, Dist. Ranchi 9. Babna Manjhi S/o Late Mangra Manjhi 10. Brij Lal Manjhi S/o Late Annu Manjhi 11. Patiyo Devi @ Patiyo Manjhi D/o Annu Manjhi 12. Lediya Devi D/o Annu Manjhi 13. Kaleshwar Manjhi S/o Late Shikari Manjhi 14. Ratho Manjhi S/o Late Harilal Manjhi 15. Budhan Manjhi S/o Late Harilal Manjhi 16. Ramlal Manjhi S/o Late Gulo Manjhi 17. Lodhiya Manjhi S/o Late Nanka Manjhi 18. Bundilal Manjhi S/o Late Nanka Manjhi 19. Balkishun Manjhi S/o Late Lenda Manjhi 20. Rajaram Manjhi S/o Late Jhari Manjhi 21. Kailu Manjhi S/o Late Sonaram Manjhi 22. Karru Manjhi S/o Late Sonaram Manjhi 23. Manaram Manjhi S/o Late Talo Manjhi 24. Somra Manjhi S/o Late Dena Manjhi

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Budhna Manjhi S/o Late Dena Manjhi

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Ramsundar Manjhi S/o Late Dinaram Manjhi

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Puran Manjhi S/o Late Dinaram Manjhi

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Jitan Manjhi S/o Late Dinaram Manjhi

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Badki Devi W/o Late Bansi Manjhi

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Nirasho Devi W/o Late Surajlal Manjhi

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Videshi Manjhi S/o Late Tepa Manjhi

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Lakhan Manjhi S/o Late Tepa Manjhi 33. Gopal Manjhi S/o Late Bahadur Manjhi

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Lumba Manjhi S/o Late Bahadur Manjhi 35. Ram Kumar Manjhi S/o Khade Manjhi

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Amit Manjhi S/o Khade Manjhi 37. Bigla Manjhi S/o Late Mahadeo Manjhi 38. Fugal Manjhi S/o Late Mahadeo Manjhi 39. Asin Manjhi S/o Late Bajun Manjhi 40. Dasain Manjhi S/o Late Baburam Manjhi 41. Chunnu Manjhi S/o Late Baburam Manjhi 42. Jitram Murmu S/o Late Chotka Manjhi 43. Sitaram Murmu S/o Late Chotka Manjhi

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Budhan Manjhi S/o Late Munshi Manjhi

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Talo Manjhi S/o Late Munshi Manjhi

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Sidar Manjhi S/o Late Jiwan Manjhi

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Jitan Murmu S/o Late Jiwan Manjhi 48. Pyarelal Murmu S/o Late Jiwan Manjhi All residents of Village+PO- Sarubera, PS Mandu, Dist. Ramgarh, Jharkhand

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… ... Respondents

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CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR

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For the Petitioner : Mr. Om Prakash Prasad, Advocate : Mr. Praveen Akhouri, Advocate For the Respondent-State : Mr. Atanu Banerjee, G.A. For the Respondent-C.C.L : Mr. A. K. Das, Advocate

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Seeking quashing of notice dated 16.06.2014 whereby, the petitioner and 40 other persons were directed to receive compensation calculated in terms of the Land Acquisition Act, 1894, the present writ petition has been filed.

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02/09.09.2015

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The brief facts of the case disclosed in the writ petition are that, the land comprised under various Plot Numbers in Khata No. 2, Village Sarubera, Thana No. 157, District - Ramgarh was recorded in the record of rights in the name of one Jitu Manjhi. After vesting of Jamindari, the said Jitu Manjhi was recognised by the State as Raiyat and he continued in exclusive possession exercising his right, title and interest over the said land. The petitioner and the

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respondent nos. 9 to 48 are descendants of the said Jitu Manjhi and they came in cultivable possession over the aforesaid land. On 04.07.2002, notification under Section 4 of the Land Acquisition Act, 1894 was issued for acquiring 27.01 acres land including the aforesaid land belonging to the petitioner and performa respondent nos. 9 to 48. Subsequently, L.A. Case No. 13 of 2001-02 was registered. An award was prepared on 24.03.2005 under which a compensation of Rs. 1,66,781/- was fixed for the land in question. However, compensation was not paid till the year, 2013 and in the meantime, The Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 was promulgated and brought into effect.

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The learned counsel for the petitioner submits that, since compensation was not paid to the petitioner and performa respondent nos. 9 to 48, in view of Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013, the acquisition vide L.A. Case No. 13 of 2001-02 must be held lapsed. The learned counsel for the petitioner relies on decision of Hon'ble Supreme Court in “Pune Municipal Corporation and Anr. Vs. Harakchand Misirimal Solanki” reported in (2014) 3 SCC 18.

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I find that in paragraph no. 15 of the writ petition, the petitioner has admitted that pursuant to award dated 24.03.2005, possession of the aforesaid lands was taken from the petitioner and performa respondent nos. 9 to 48. Thereafter, the land was handed over to Central Coalfields Limited vide Possession Certificate dated 05.12.2006. The petitioner has further admitted that neither the petitioner nor the performa respondent nos. 9 to 48 challenged the quantum of compensation. Notice dated 16.06.2014 discloses that on 24.03.2005, notice under Section 12 (2) of the Land Acquisition Act, 1894 was issued to the parties however, they did not receive compensation. Notice dated 16.06.2014 is only in continuation to

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notice dated 24.03.2005 whereby, the petitioner and others were directed to receive compensation, upon establishing their claim over the land in question. The respondent nos. 5, 6 and 7 have asserted that other awardees with respect to 19.89 acres land received the compensation. Considering the aforesaid facts, no interference is called for to notice dated 16.06.2014. In so far as, contention based on Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 is concerned, neither the conditions under Section 24 (2) of the Act, 2013 are satisfied nor a prayer has been made in the writ petition.

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I find not merit in the writ petition and accordingly, it is dismissed.

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(Shree Chandrashekhar, J.)

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Amit /N.A.F.R

Agnu Manjhi v. Land Reforms And Revenue Department

Case brief

What is this about?

What did the court decide?

Agnu Manjhi v. Land Reforms And Revenue Department

Case brief

What is this about?

What did the court decide?

What the court decided

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