Dismissed

Krishna Gorai And Ors. v. State of Jharkhand And Ors.

Jharkhand HC21 Aug 2019WPC/5779/2011

Case brief

AI extract

What is this about?

Writ petition filed by displaced persons claiming unpaid compensation for residential houses acquired for the Swarnrekha Multipurpose Project. The single-judge bench found the claim untenable as the Authority had determined no houses existed at the time of acquisition, upholding the previous order.

What did the court decide?

The writ petition was disposed of with a finding that the claim for compensation regarding houses was not tenable and lacked merit.

Krishna Gorai And Ors. Vs State of Jharkhand And Ors. — 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. 5779 of 2011

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Krishna Gorai.

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Shambhu Nath Gorai.

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Taraka Nath Gorai.

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Mira Gorai.

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Shibani Gorai.

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Tulshi Gorai. .... . Petitioners

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Versus

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The State of Jharkhand.

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The Deputy Secretary, Department of Water Resources, Govt. of Jharkhand, Ranchi.

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The Secretary, Department of Water Resources, Govt. of Jharkhand, Ranchi.

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The Additional Director, Land Acquisition & Rehabilitation, Subarnrekha Project Bhawan, Adityapur, Seraikella, Kharsawan.

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The Rehabilitation Officer, Subarnrekha Project Bhawan, Adityapur, Seraikella, Kharsawan.

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The Special Land Acquisition Officer No. 2, Subarnrekha Project Bhawan, Adityapur, Seraikella, Kharsawan.

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The Deputy Commissioner, Seraikella-Kharsawan.

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….....Respondents

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Coram: HON'BLE MR JUSTICE RONGON MUKHOPADHYAY

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---------For the Petitioners : None For the State : A.C. to S.C. III

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06/21.8.2019 No one appears on behalf of the petitioners.

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The prayer in this writ petition is for a direction upon the respondent no. 2 to make payment of compensation amount of the residential houses of the petitioners, which has been completed by the respondents along with valuation and sent for approval to the respondent no. 2 on 4.5.2010 vide letter no. 395.

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The petitioners claim that they have been displaced on account of setting up of Swarnrekha Multipurpose Project and their lands as well as residential houses have been acquired for setting up of the said project.

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It has been submitted by the learned counsel for the petitioners that one of the co-sharers had moved this Court in W.P.C. No. 3836 of 2010, in which the said petitioner was directed to make representation, which was to be considered by the appropriate authority. The petitioners had represented the authorities but it is their claim that they have not been paid compensation with respect to acquisition of the land and residential houses. In the counter affidavit, it has been stated that one of the co-sharers namely Manohar Gorai had preferred a writ petition being W.P.C. No. 3836 of 2010 and consequent to the order dated 3.1.2011, the Special Land Acquisition Officer No. 3, Subernrekha Project, Mango, Jamshedpur had inspected the concerned record and had come to a conclusion that the compensation with respect to the land of plot nos. 1847,

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-2-

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1857, 1858 and 1846 has been paid on 28.9.2006. It was also detected that there were no residential houses existing at the time of acquisition. It thus appears that based on the order passed in WPC No. 3836 of 2010, which was filed by one Manohar Gorai, petitioners claim that one of the co-sharers had represented the authorities and the said representation was considered, wherein it was found that the compensation has already been paid for the acquired lands.

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So far as the claim for compensation with respect to existence of residential houses or structures is concerned, it was found that there were no houses or structures in the acquired land. Therefore, it appears that the claim of the petitioners has been appropriately considered by the respondent authorities. In such circumstances, learned counsel for the petitioners has failed to make any dent to the order dated 9.1.2012, passed by the Special Land Acquisition Officer.

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Accordingly, having found no merit in this writ petition, the same stands disposed of.

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(Rongon Mukhopadhyay, J)

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Rakesh/-

Krishna Gorai And Ors. v. State of Jharkhand And Ors.

Case brief

What is this about?

What did the court decide?

Krishna Gorai And Ors. v. State of Jharkhand And Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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