Disposed

Dil Muhammad v. State of Jharkhand And Ors.

Jharkhand HC4 Sept 2018WPC/1181/2012

Case brief

AI extract

What is this about?

Writ petition for compensation for land acquired in 1975. After finding the enquiry pending before a committee, the Court directed the Deputy Commissioner to complete the enquiry within four weeks and pass a reasoned order, without deciding the merits of the compensation claim.

What did the court decide?

Direction to complete the pending land enquiry within four weeks and pass a reasoned order; liberty to move again.

Dil Muhammad Vs State of Jharkhand And Ors. — Land Acquisition | Jharkhand HC (2018)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P.(C). No. 1181 of 2012

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Dil Muhammad, Son of Jhari Mian, Resident of Village: Govindpur, P.O.: Nawadih, P.S.: Nawadih, District: Hazaribag.

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Versus

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The State of Jharkhand

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The Deputy Commissioner, Bokaro, P.O. + P.S. + District: Bokaro.

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The Circle Officer, Bermo Circle, P.O. + P.S.: Bermo, District: Bokaro

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The Chief Managing Director, Central Coalfileds Limited, Darbhanga House, Ranchi,

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The General Manager (B&K), Kargali Area, C.C.L., P.O. & P.S: Bermo, Fusro, District: Bokaro.

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The Project Officer, Kargali Area, C.C.L., P.O. & P.S.: Bermo, Fusro, District : Bokaro. … … Respondents

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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Petitioner : Mr. Ajay Kr. Pathak, Advocate For the Respondent CCL : Mr. A.K. Das, Advocate For the Respondent-State: Mr. Ashish Kr. Thakur, A.C. to S.C. (L&C)

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09/04.09.2018 Heard Mr. Ajay Kr. Pathak, counsel appearing on behalf of the petitioner.

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Heard Mr. A.K. Das, counsel appearing on behalf of the respondent nos. 4 to 6.

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Heard Mr. Ashish Kumar Thakur, counsel appearing on behalf of the respondent nos.1 to 3.

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This writ petition has been filed for the following reliefs:

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“1.For issuance of a direction in the nature of Mandamus commanding and directing upon the respondents to immediately and forthwith make payment of the compensation amount at the rate of current market value in lieu of the land of description appertaining to khata No.91, Plot No.2767, area 14.95 acre, and area 1.65 acres and the piece of land appertaining to khata no.132, plot no.196, total area 4.60 acre acquired by the respondents in the year 1975 but not even a single paisa has been paid by them to the petitioner, even after passing of such a long duration.

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2.For further for issuance of a direction, commanding and directing upon the respondents to immediately and forthwith give employment as per the Policy of the same.

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3.For further issuance of a direction commanding upon the respondent no. 2 & 3 to immediately and forthwith verify the land concern and submit the verification report within the period stipulate by this Hon’ble Court so that the grievances of the petitioner, as prayed above may be fulfilled by the respondent no.4 to 6.”

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Counsel for the petitioner at the threshold submits that although the matter relates to acquisition of the year 1975, but as per the counter-affidavit filed by the respondent nos.2 and 3 at paragraph nos.12 and 14 the respondents have stated that the property is recorded during last cadastral survey operation as Gair Majurwa and however the enquiry in connection with the right of the petitioner has not yet been completed.

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Counsel for the petitioner submits that he will be satisfied if the verification in connection with the land of the petitioner is directed to be completed within a stipulated time frame. 7. Counsel appearing on behalf of the respondent-State submits that as per the counter-affidavit, the land is recorded as Gair Majurwa in cadastral survey operation but they have specifically stated that the matter of issuance of verification certificate is pending before the concerned committee. He submits that he has no information as to whether the verification has been completed or not. He also submits that a specific statement has been made in para – 14 of the counter affidavit that it has been found that there is no order for issuance of rent receipts by any competent authority. However, he submits that if the enquiry has not yet completed, then the same will be completed and a final order will be passed by the respondent authority within a period from four weeks from today.

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After hearing the counsel for the parties and after considering the materials on record, it appears that an enquiry in

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connection with claim of the petitioner is pending before a committee. In view of the submissions made by the counsel appearing on behalf of the respondent-State, this writ petition is disposed of with a liberty to the petitioner to move to respondent no.2 along with a copy of this order and in turn respondent no.2 is directed to take steps for completion of the enquiry said to be pending with before the said committee constituted by the respondent no.2, if not already completed, within a period of four weeks from the date of receipt of copy of this order and passed reasoned order in accordance with law.

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It is made clear that this Court has not entered into the merits of the claim of the petitioner.

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(Anubha Rawat Choudhary, J.)

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Saurav /

Dil Muhammad v. State of Jharkhand And Ors.

Case brief

What is this about?

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Dil Muhammad v. State of Jharkhand And Ors.

Case brief

What is this about?

What did the court decide?

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