The High Court dismissed a writ petition regarding land acquisition where the petitioners' father had accepted the award under protest in the originating data, holding the petition not maintainable but allowing parties to seek legal remedies.
Petition dismissed with liberty to parties to avail legal remedies available under the law.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI (Civil Writ Jurisdiction) W.P. (C) No. 1805 of 2011
….....
Barnabas Tigga & Another …. ..... Petitioners Versus State of Jharkhand & Others …. ..... Respondents
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through : Video Conferencing)
…......... For the Petitioners : Mr. Rahul Gupta, Advocate. Mr. Akash Bhushan, Advocate. For the Respondent / State : Mr. Sachin Kumar, AAG-II. For the Respondent No. 6 : Dr. Ashok Kumar Singh, Advocate. ........
05/05.10.2021.
Heard, learned counsel for the petitioners, Mr. Rahul Gupta assisted by learned counsel, Mr. Akash Bhushan and learned counsel for the respondent/State, Mr. Sachin Kumar, AAG-II and learned counsel for the respondent no. 6 / Jharkhand State Housing Board, Dr. Ashok Kumar Singh.
It has been submitted by learned counsel for the petitioners that in the entire order sheet of L.A. Case Nos. 52 of 1961-62 and 19 of 1964-65, nothing has been stated with regard to acquisition of land pertaining to Khata No. 23, Plot No. 425, Area-13 decimals situated at Village – Harmu, Thana No. 206, District – Ranchi, but from perusal of L.C.R., which has been called for by this Court, pursuant to order dated 14.09.2021, it appears that one application purported to be filed by the father of the petitioners is there, whereby he has claimed that compensation has been paid in the case, as such, he may be permitted to withdraw this writ petition, so as to avail legal remedy available under the law.
Learned counsel, Dr. Ashok Kumar Singh, appearing on behalf of Jharkhand State Housing Board has submitted that lands are acquired by the State and those are handed over to the Housing Board, as such there is no dispute. If the lands has been acquired and handed over to Housing Board, the Housing Board cannot be blamed for it.
Learned counsel, Mr. Sachin Kumar, AAG-II appearing for the State has submitted that the lands has been acquired in terms of provisions of law and application of the father of the petitioners is on
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record, as such, writ petition is not maintainable at this stage. If the petitioners have any grievances, he can avail legal remedy available under the law.
Perused, page nos. 363 & 364 of the L.C.R. of L.A. Case No. 52 of 1961-62.
It appears that the petitioners' father Tuicha Chiristan, son of Buduwa Chiristan of Village Harmu, P.S. and District -Ranchi has filed an application in the court of the Land Acquisition Officer, Ranchi with regard to Land Acquisition Case No. 52/61-62 stating therein that the Land Acquisition Officer has given award on 29.3.62 and the petitioner has accepted the award under protest for the lands mentioned in the Schedule as Khata No. 45, Plot No. 435, Type-I, Area - .5 decimals, Plot No. 438, Type-I, Area -.27 decimals and Khata No. 23, Plot No. 425, Type-I, Area-.13 decimals, are the lands which have been acquired.
Considering the rival submissions of the parties, looking into facts and circumstances of the case and the application filed by father of the petitioners, which is in LCR at page- 363 & 364 (photocopy of the same is kept on record), the writ petition is dismissed as not pressed with liberty to the petitioners to avail legal remedy available under the law.
However for better appreciation, the application purported to have been filed by the petitioners' father, which is part of LCR is reproduced hereunder for the sake of convenience :-
IN THE COURT OF THE LAND ACQUISITION OFFICER, RANCHI
Re:- LAND ACQUISITION CASE 52 of 61-62
Tuicha Chiristan, S/o Buduwa Chiristan of Village – Harmu, P.S. and District – Ranchi …............................................................... Petitioner
The humble petition on the above named petitioner.
Most respectfully Sheweth :-
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GROUNDS
a) For that the price awarded is grossly inadequate.
b) For that the lands acquired are all fit for suitable first class building sites, being situated within the town itself the town being extended far beyond the said lands and are connected with big wide road.
c) For that the classification used by the land Acquisition department in erroneous as the acquired lands have been much improved by your petitioner since the date of the finally publication of Record of Rights.
d) For that market value of the lands at the date of publication of the notification under Section 4 Sub Sec. (1) or at there relevant period was not less than Rs.1000/- (Rupees one thousand only) per Khata.
e) For that suitable compensation and interest should be granted. f) For that the particulars of the lands your petitioner have been given in the Schedule.
Under the circumstances your petitioner prays that the matter be referred for the determination of the court and for this your petitioner shall ever pray.
SCHEDULE
Situated in village Harmu P.S. and District -Ranchi.
| Khata No. | Plot No. | Cass of Land | Area. |
|---|---|---|---|
| 45 | 435 | T.I. | .5 D |
| 438 | T.I. | .27 D. | |
| 23 |
425 | T.I. | .13 D. |
Parties are at liberty to avail remedy available under the law.
Office is directed to return the L.C.R. of L.A. Case Nos. 52 of 1961-62 and 19 of 1964-65 to the competent authority.
Sunil/-
2 issues framed by the court
Whether the writ petition regarding land acquisition should be dismissed since the petitioners' father had already accepted the award under protest.
Whether the parties are entitled to avail legal remedies under the law if grievances exist.
Barnabas Tigga
Anr
State of Jharkhand
Others
KAILASH PRASAD DEO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
