In this PIL regarding alleged illegalities in land acquisition for a power plant, the court dismissed the petition for want of locus standi and lack of evidence. The petitioner failed to demonstrate his standing or specifics of alleged compensation misappropriation, so the matter was not entertained as a PIL.
Nulla
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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(PIL) No. 5145 of 2018
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Naresh Mahto, Member, Raiyat Visthapit Sthaniya Sangharsh Morcha, P.T.P.S., Patratu, Ramgarh, Jharkhand aged about 43 years, son of Late Mahalal Mahto, resident of Upper tola, village Katiya, P.O. Koto, P.S. Patratu, District Ramgarh … … Petitioner
Versus
1.The State of Jharkhand
… Respondents
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CORAM : HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE H.C.MISHRA
---- For the Petitioner : Mr. Raj Kumar Sinha, Advocate For the Respondent State : Mr. Prashant Pallav, G.A.-IV. For the Respondent UOI : Mr. Rajiv Sinha, ASGI Mr. Prabhat Kumar Sinha, C.G.C.
Order No. 06 : Dated 3rd May, 2019 Aniruddha Bose, C.J.
In this writ petition, framed as a public interest litigation, the petitioner in substance seeks investigation into acquisition of land from the raiyats in respect of the village Katiya and certain other adjacent villages for construction of the power plant at Patratu. It is petitioner’s case that approximately 1600 acres of land was acquired for this purpose. It is also pleaded that the process of acquisition started in 1960-61. The petitioner has represented himself as a Member, Raiyat Visthapit Sthaniya Sangharsh
Morcha. He has not given any evidence of his being an aggrieved person. The basic cause of action of the proceeding, if any, dates back to the decade of 60’s of the last century. Neither in the writ petition nor in the supplementary affidavit the petitioner has properly disclosed his interest, credentials and qualifications relevant for the public interest litigation. None of the aggrieved party is before us. Material particulars of allegations of misappropriation of the compensation amount or any other illegalities pertaining to the compensation payment process have also not been demonstrated before us.
In such circumstances, we decline to entertain this writ petition. In the event any aggrieved person approaches us, his or her grievances may be considered in accordance with law.
The writ petition is dismissed.
(H.C.Mishra, J.)
Birendra/Alankar
1 issue framed by the court
Whether a writ petition filed by a self-declared member of a citizens' movement regarding land acquisition and alleged illegalities should be entertained on a Public Interest Litisgation basis.
Naresh Mahto
State of Jharkhand
Chief Secretary, Govt. of Jharkhand
Secretary, Department of Energy, Govt. of Jharkhand
Chairman, Patratu Thermal Power Station
Chief Executive Officer, Patratu Vidyut Utpadan Nigam Ltd.
H.C. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
