Held that the quantum of compensation is not in dispute. Directed the Secretary, Road Construction Department, to look into the fund allotment issue and ensure payment to genuine land losers within two months.
Direction to respondent No.2 to ensure payment of compensation to genuine land losers and District Land Acquisition Officers to act as directed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No.1353 of 2019
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…… Petitioners
Versus
…… Respondents
CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD
For the Petitioner : Mr. Suraj Prakash, Advocate : Mr. Birat Kumar, Advocate For the Respondent-State : Mr. Vinod Kumar Sahu, G.P.-III : Mr. Aditya Raman, A.C. to G.P.-III ----------------------------
03 / Dated 15th July, 2019
1. It is a case where direction has been sought for in exercise of power conferred to this Court for directing the respondents to make payment of compensation in lieu of acquisition of land acquired pertaining to Mouza Ghorabandha, Thana No.380, Khata Nos.113, 93, 17, 14, 278 for the purpose of Hat Gamaharia P.W.D. Road to Balandia- Bhinda-Majhgawan-Binesagar road widening and even after notice issued under Section 37(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
2. Learned counsel appearing for the petitioner drawing attention to this Court as contained under Annexure-6 which document supplied to the petitioner under the Right to Information Act dated 06.11.2017 by which the reason for non-payment of amount of compensation has been shown to the lack of the allotment.
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Learned counsel for the petitioner by taking aid of the aforesaid document, has submitted that the claim of the petitioner is not in dispute rather the allotment is being sought for, the question would be that the amount concerned with the payment of compensation and under the Land Acquisition Act before acquisition the allotment is being provided for compensating the land losers and therefore, the stipulation as has been made in the documents supplied under Right to Information Act, dated 06.11.2017 to the effect that the allotment has been sought for from the State Government is nothing but only to delay in making payment of the legitimate allotment amount of compensation although the land was subjected to land acquisition proceeding of the year 2014-15 being the Land Acquisition Case No.06/2014-15.
3. Mr. Vinod Kumar Sahu, learned G.P.-III appearing for the State of Jharkhand, has submitted that by referring to the communication dated 06.12.2017 that the fund has been allotted to the District Land Acquisition Officer, Singhbhum West and the compensation of amount would be disbursed in favour of the land losers.
Learned counsel appearing for the petitioner by rebutting the said argument by making reference of the same letter dated 06.12.2017, has submitted that the said letter is to be read out in entirety since in the last paragraph the stipulation has been made that the amount of compensation would be paid after administrative approval of the reassessment.
4. This Court, after hearing the learned counsel for the parties and looking to the annexures appended to the writ petition more particularly Annexure-6 dated 06.11.2017 and 06.12.2017 which are annexed as annexure-6 is of the view that the quantum of amount of compensation of the petitioner is not in dispute, is of the view that since the respondents have taken plea that the due to lack amount of compensation which is waiting for its allotment from the competent authority of the State Government the amount of compensation has not been paid, therefore, keeping the spirit and intent of the Land Acquisition Act, which is applicable in the instant case and considering the fact that the notice issued under Section 37 of the Act, 2013.
This Court, is of the view that appropriate direction needs
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to be issued upon the respondent No.2, the Secretary, Road Construction Department of Government of Jharkhand, to look into the issue of allotment of fund and its stipulation as has been stipulated at Page 28 dated 06.12.2017 so that the amount of compensation may be disbursed in favour of the legitimate land losers, who are legally entitled to get it.
5. In view thereof, the writ petition is disposed of directing the respondent No.2 to look into the matter as observed hereinabove by taking decision within a period of two months from the date of receipt of copy of the order, and direct to the the subordinate authority to ensure payment of amount of compensation to the genuine land losers, if they are legally entitled to get it.
6. Further the Land Acquisition Officers of the concerned district is directed to act on the basis of direction passed by the Secretary, of the Department respondent No.2 strictly after going through the records and on proper identification of the land losers in order to avoid any further complication.
7. In view thereof, this writ petition is accordingly, disposed of.
(Sujit Narayan Prasad, J.)
Madhav
3 issues framed by the court
Whether the respondents are liable to pay compensation despite delays caused by lack of allotment from the State Government?
Whether the dispute regarding the lack of allotment can be resolved under the principles of natural justice by directing the Secretary to look into the matter?
Whether the District Land Acquisition Officers and subordinate authorities are directed to ensure payment after proper identification?
1 provisions across 1 enactments
Sagar Gope and others
State of Jharkhand
Secretary, Road Construction Department, Government of Jharkhand
Deputy Commissioner, West Singhbhum
District Land Acquisition Officer, West Singhbhum
Executive Engineer, Road Construction Department
Sujit Narayan Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
