Dismissed

Kedar Choudhary v. State of Jharkhand

Jharkhand HC1 Feb 2021WPC/279/2020

Case brief

AI extract

What is this about?

The High Court directed impleadment of the Additional Collector, Chatra as respondent no. 9 due to the pandemic. The court directed the Additional Collector to send a verification report on land acquisition compensation claims to Central Coalfields Limited within three months, though it did not decide the merits of the compensation or job claim.

What did the court decide?

Direction to implead the Additional Collector, Chatra; direction to send the verification report within three months.

Kedar Choudhary Vs State of Jharkhand — Land Acquisition | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P.(C) No. 279 of 2020

Kedar Choudhary

… … Petitioner

Versus

The State of Jharkhand

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The Deputy Commissioner, Chatra

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The Deputy Collector, Chatra

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The Deputy Collector Land Reforms, Chatra

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The Sub-Divisional Officer, Chatra

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The General Manager, Central Coalfields Limited, Piperwar Area, Chatra

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The Project Officer, Central Coalfields Limited, Purnidih Project, N.K. Area, Chatra

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The Project Officer, Central Coalfields Limited, Ashoka Project, General Manager Office, Piparwar Area, Chatra

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The Additional Collector, Chatra

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… … Respondents

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CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR

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For the Petitioner : Mr. Rajesh Kumar, Advocate Mr. Amit Kumar, Advocate Mr. Manindra Kumar Sinha, Advocate For the Respondent-State : Mr. Varun Prakash, AC to GP-III For the Respondent Nos. 6 to 8: Mr. Arvind Kumar, Advocate

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Order No. 02

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Dated: 01.02.2021

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The present writ petition is taken up today through Video conferencing.

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The learned counsel for the petitioner submits that due to inadvertence, the Additional Collector, Chatra could not be arrayed as party respondent in the present writ petition. He accordingly prays to implead the said officer as respondent no. 9 in the present writ petition.

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Considering the present pandemic situation, the office is directed to implead the Additional Collector, Chatra as respondent no. 9 in the present writ petition.

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The present writ petition has been filed for issuance of direction upon the respondent-Central Coalfields Limited (CCL) to pay monetary compensation to the petitioner for acquisition of his land. Further prayer has been made for directing the respondent-CCL to provide job to the petitioner under the Land Looser Scheme. The petitioner has also prayed for issuance of direction upon the State

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respondents to provide verification report to the respondent-CCL in terms with letter no. 1066 dated 16.06.2017 issued by the respondent no. 8 – the Project Officer, Ashoka Project, Central Coalfields Limited, General Manager Office, Piparwar Area, Chatra to the respondent no. 9 – the Additional Collector, Chatra (Annexure-3 to the writ petition).

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2. The learned counsel for the petitioner submits that subsequent to acquisition of the petitioner’s land by the respondentCCL, suitable compensation as well as service to him has not been given despite the fact that the name of the petitioner’s father – Ram Das Pasi has been recorded as the tenant of the land in question in Register-II. The respondent no. 8 issued letter no. 1066 dated 16.06.2017 to the respondent no. 9 requesting inter alia to make appropriate enquiry with regard to the petitioner’s claim and to send the verification report. The said report has not yet been sent by the respondent no. 9, which has delayed the petitioner’s claim for compensation and service in terms with the applicable policy of the respondent-CCL.

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3. Having heard the learned counsel for the parties and keeping in view the submission of the learned counsel for the petitioner that the verification report with regard to the claim of the petitioner has not yet been sent by the respondent no. 9 to the concerned officer of the CCL as was requested vide letter no. 1066 dated 16.06.2017 issued by the respondent no. 8, without entering into the merit of the petitioner’s claim, the respondent no. 9 is directed to send the required report within three months from the date of receipt/production of a copy of this order. The competent authority of the respondent-CCL on receipt of the report from the respondent no. 9, shall thereafter proceed in accordance with law.

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4. The writ petition is accordingly disposed of.

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Manish

Kedar Choudhary v. State of Jharkhand

Case brief

What is this about?

What did the court decide?

Kedar Choudhary v. State of Jharkhand

Case brief

What is this about?

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What the court decided

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