The High Court of Jharkhand dismissed a writ petition seeking enhancement of compensation and payment of solatium for land acquired in 1964-65. The court held the petition was barred by limitation as it was filed 45 years after the award. The petitioner should have applied under Section 18(2)(b) within six weeks.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI (Civil Writ Jurisdiction) W.P. (C) No. 1448 of 2011
….....
Kamol Oraon & Others
…. ..... Petitioners
Versus
The State of Jharkhand & Others
…. ..... Respondents
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
For the Petitioners : Mr. Aman Dayal Singh, Advocate. For the Respondent / State : Mr. Manoj Kumar No. 3, G.P.-II.
08/18.10.2021.
Heard, learned counsel, Mr. Aman Dayal Singh on the instruction of learned counsel for the petitioners, Mr. Birendra Burman and learned counsel for the respondent/State, Mr. Manoj Kumar No. 3, G.P.-II.
Learned counsel for the petitioners has submitted that writ petitioners, seven in numbers, namely, (1) Kamol Oraon, son of Sukhram Oraon, (2) Beno Oraon, son of Sukhram Oraon, (3) Thomas Oraon, son of Late Bijla Oraon, (4) Johan Oraon, son of Late Victor Oraon, (5) Kamel Oraon, son of Late Victor Oraon, (6) Ansalen Oraon, son of Late Mania Oraon and (7) Dawood Oraon, son of Late Mania Oraon have preferred this writ petition for enhancement of compensation amount and for payment of solatium.
Learned counsel for the petitioners has submitted that the Coordinate Bench of this Court has disposed of F.A. No. 138/2005 with F.A. Nos. 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158 & 159 of 2005, by referring the matters before the Lok Adalat for final settlement and payment by the appellant-State, as such, this Court may pass necessary order in accordance with law.
Learned counsel for the State, Mr. Manoj Kumar No. 3, G.P.II, has opposed the prayer and has submitted that the lands of Mouza-Getalsud, Thana No. 9, P.S.-Angara, District-Ranchi of Plot Nos. 877, 880, 951, 997, 1477, 1478, 433, 434, 435, 951/3486 under Khata No. 10 & 12, measuring total area 4.99 acres were acquired vide Land Acquisition Case No. 40/1964-65 for the purpose of construction of Getalsud Dam and compensation had already been
-2-
paid to the father of the petitioners at the time of acquiring the same and thereafter, the present writ petition was filed in the year 2011, as such, in view of Section 18 (2)(b) of the Land Acquisition Act, the petitioners, ought to have preferred enhancement application before the competent authority within a period of six weeks of the receipt of the notice from the Collector under Section 12, sub-section (2), or within six months from the date of the Collector's award, whichever period shall first expire, as such, the writ petition may be dismissed as no application has been filed under Section 18(2)(b) of the Land Acquisition Act, 1894 and the writ petition has been filed in the year 2011 i.e. after 45 years.
Considering the rival submissions of the parties and looking into stale application made by the petitioners after 45 years, which is barred under Section 18(2)(b) of the Land Acquisition Act, 1894, this Court is not inclined to entertain the same.
Accordingly, the writ petition, being devoid of any merit, is hereby dismissed.
(Kailash Prasad Deo, J.)
Sunil/-
1 issue framed by the court
Whether a writ petition for enhancement of compensation filed 45 years after the award is maintainable under Section 18(2)(b) of the Land Acquisition Act, 1894.
1 provisions across 1 enactments
Kamol Oraon & Others
The State of Jharkhand
KAILASH PRASAD DEO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
