Disposed

Ashok Kumar Pandey v. The State Of Jharkhand Through Its Chief Secretary And Ors.

Jharkhand HC18 Jul 2019WPC/2181/2017

Case brief

AI extract

What is this about?

Petitioner sought compensation for land acquisition. Court allowed relief for plots where payment was admitted. For disputed plots and those unaquired, Court disposed petition directing petitioner to approach competent authority within eight weeks.

What did the court decide?

Writ petition disposed. Petitioner directed to approach competent authority to raise grievance regarding Plot No.28 and disputed titles regarding Plots 149, 150, and acquisition of Plot 146 within eig

Ashok Kumar Pandey Vs The State Of Jharkhand Through Its… — Land Acquisition | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P.(C) No.2181 of 2017

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--------Ashok Kumar Pandey ……… Petitioner

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Versus

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1. The State of Jharkhand through its Chief Secretary, Govt. of Jharkhand, Ranchi

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2. Deputy Commissioner, Giridih

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3. Deputy Development Commissioner, Giridih

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4. District Land Acquisition Officer, Giridih………. Respondents

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CORAM : HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD

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--------For the Petitioner : Mr. Ajit Kumar, Advocate For the Resp.-State : Mr. D.C. Mishra, A.C. to Sr. S.C.-III ---

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04/18.07.2019 This writ petition is under Article 226 of the Constitution of India, whereby and whereunder petitioner has been sought for direction upon the respondents to disburse the amount of fair compensation in lieu of acquisition of land pertaining to Plot Nos.146, 149 and 150 under Khata No.2 as also Plot Nos.28 and 64 under Khata Nos.1 and 11.

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2. Counter affidavit has been filed on behalf of the Staterespondent wherein at Paragraph-6, it has been stated that the amount of compensation has been paid to the tune of Rs.45,91,630/- and Rs.24,42,871/- for acquisition of land pertaining to Plot No.64 comprising an area of 36 decimals as agricultural land and 8 decimals of residential portion respectively and thereafter, land has been taken into possession by the Railway Department.

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3. So far as the Plot Nos.149 and 150, the land has been found to be Gairmazurwa Khas land and therefore, proceeding under Section 4 of the Bihar/Jharkhand Land Reforms Act, has been initiated and therefore, decision of compensation will depend upon the final outcome of the said proceeding.

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So far as the residential Plot Nos. 146 is concerned, the portion of aforesaid plot has not been acquired by the Railway Department, however, the amount of compensation having been made, therefore, nothing survives to be decided in this writ petition.

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4. This Court after appreciating the argument advanced on behalf of the parties and looking to the pleading made in the writ petition as also the counter affidavit, has found that the petitioner is claiming compensation in lieu of acquisition of land pertaining to Plot Nos. 28 and 64 under Khata Nos.1 and 11 and Plot Nos.146, 149 and 150 under Khata No.2.

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5. It is evident from the statement made at Paragraph-6 to the counter affidavit that the amount of compensation has been made, so far as it relates to Plot No.64 under Khata No.1 to the tune of Rs.45,91,630/- and Rs.24,42,871/- both for agricultural as also the residential portion respectively.

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Therefore, the grievance of the petitioner for disbursement of amount of compensation so far as it relates to Plot No.64 is concerned, is redressed as would appear from the counter affidavit as because the petitioner has not filed any rebuttal reply to the counter affidavit, copy of which has been served upon him and as such statement made at Paragraph-6 to the counter affidavit has been accepted to be admitted.

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6. So far as Plot Nos.146, 149 and 150 are concerned, the description has been made at paragraph-7 to the counter affidavit wherein, it has been stated that the Plot Nos.149 and 150 has been found to be Gairmazurwa Khas land, therefore, for cancellation of Jamabandi, proceeding has been initiated under Section 4 of the Bihar/Jharkhand Land Reforms Act and as such, the amount of compensation would be decided depending upon the outcome of the aforesaid proceeding.

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7. Therefore, this Court is of the view that when the title of the land pertaining to Plot Nos.149 and 150 have been disputed on the ground that the nature of land recorded in the record of rights as Gairmazurwa Khas land, as such, at that moment, the petitioner cannot be entitled to get the amount of compensation, therefore, this Court is of the view that the portion of amount of compensation would depend upon the final decision which would be taken by the competent authority initiated under the provision of Section 4 of the Bihar/Jharkhand Land Reforms Act as has been stated at paragraph-7 to the counter affidavit.

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So far as Plot No.146 is concerned, specific denial has been made by the respondent authorities in paragraph-7 to the counter affidavit that the portion of land pertaining to Plot No.146 has not been acquired by the Railway Department, therefore, there is no question of passing of an order of compensation by this Court when the land itself has not been acquired and the acquisition itself, is disputed.

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However, the petitioner has also made prayer for amount of compensation pertaining to Plot No.28 but in the counter affidavit there is no reference of Plot No.28 as to whether any amount of compensation has been paid or it is being disputed on any grounds whatsoever, therefore, it would be just and proper to direct the petitioner to approach before the competent authority by raising the grievance pertaining to Plot No.28 for its consideration at the ends of the authority by taking decision in this regard within a period of eight weeks’ from the date of receipt of copy of the order.

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8. It is made clear that the authority will take appropriate decision taking into consideration the nature of land and if actually it has been acquired, appropriate decision shall be taken within the aforesaid period.

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9. Accordingly, the writ petition stands disposed of.

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(Sujit Narayan Prasad, J.)

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Rohit/-

Ashok Kumar Pandey v. The State Of Jharkhand Through Its Chief Secretary And Ors.

Case brief

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Ashok Kumar Pandey v. The State Of Jharkhand Through Its Chief Secretary And Ors.

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