Disposed
Karuna Devi v. the Chief Managing Director E C L
Jharkhand HCWPC/1120/2020
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COURT OF JHARKHAND AT RANCHI W.P.(C) No.…
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COURT OF JHARKHAND AT RANCHI W.P.(C) No.…
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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 1120 of 2020
Karuna Devi ..... … Petitioner
Versus
…. …. Respondents -------- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR -----For the Petitioner : Mr. Ranjan Kumar Singh, Advocate For the Respondents : Mr. Rajesh Lala, Advocate --------
Order No. 04 Dated: 09.02.2021
The present writ petition is taken up today through Video conferencing.
2. The present writ petition has been filed for issuance of direction upon the respondents to consider the petitioner’s claim for payment of compensation to the extent of her share for acquisition of land appertaining to J.B. No. 11 of Mouza- Khun measuring an area of 4.05 acres, J.B. No. 01, Mouza- Amdangal and J.B. Nos. 09 and 19, MouzaTarabad as she is the daughter of Ramdhani Mahto- son of the recorded tenant namely Chintamani Mahto.
3. Learned counsel for the petitioner submits that the aforesaid land have been acquired by the respondent-E.C.L. for carrying out mining activities, however the compensation of the same has not been paid to the petitioner to the extent of her share. It is further submitted that the recorded tenant of the aforesaid land namely Chintamani Mahto had three sons including the father of petitioner-Ramdhani Mahto. On petitioner’s application dated 19.07.2018, the respondent no. 3- the Regional Manager (P.C.D.), S.P. Mines Area, Chitra, vide letter no. 453 dated 31.07.2018, informed the petitioner that her application did not contain the land possession certificate as well as the relevant documents including a copy of Khatiyan of the concerned mouza and was asked to submit relevant documents for further action. The petitioner has already submitted the required documents before the concerned authority of the respondent-E.C.L. including the genealogy of the recorded tenantChintamani Mahto, however no action has been taken in this regard which has compelled the petitioner to prefer the present writ petition.
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4. Mr. Rajesh Lala, learned counsel for the respondents, submits that the present matter is required to be factually examined by an appropriate authority of the respondent-E.C.L., hence if the petitioner prefers a fresh representation on the present issue before the respondent no. 2- The General Manager, S.P. Mines Area, E.C.L., Chitra, District- Deoghar, along with required documents, an appropriate decision will be taken. 5. Having heard the learned counsel for the parties and keeping in view the nature of the prayer made by the petitioner in the writ petition, without entering into the merit of the case, the petitioner is given liberty to prefer a fresh representation before the respondent no. 2. On receipt of the said representation, the respondent no. 2, after providing due opportunity of hearing to the petitioner as well as other concerned person (if so required) and on examining the relevant records, shall take an informed decision in the matter within a period of three months from the date of filing of the said representation.
6. The writ petition is disposed of with aforesaid liberty and direction.
(Rajesh Shankar, J.)
Ritesh/-
1 issue framed by the court
Whether the High Court should grant directions for adjudication of the petitioner's claim for compensation share arising from land acquisition.
Karuna Devi
The Chief Managing Director, E.C.L., Headquarter Santoria, Burdman (West Bengal)
The General Manager, S.P. Mines Area, E.C.L., Chitra, District- Deoghar
The Regional Manager (P.C.D.), S.P. Mines Area, E.C.L., Chitra, DistrictDeoghar
Rajesh Shankar
As recorded by the court registry
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