Allowed

Prakash Yadav v. the State of Jharkhand

Jharkhand HC19 Jul 2022WPC/4273/2020

Case brief

AI extract

What is this about?

Two writ petitions were filed seeking directions to the State of Jharkhand to declare the petitioners as displaced persons, issue Displaced Family Development Booklets, and provide employment benefits under the Rehabilitation Policy, 2003 read with the Revised Rehabilitation Policy, 2012. The court found that more than half of the land had been acquired, satisfying policy conditions, and allowed t

What did the court decide?

Direction to the Department to issue Displaced Family Development Booklet within 30 days and grant all incidental facilities under the Rehabilitation Policy.

Prakash Yadav Vs the State of Jharkhand — Land Acquisition | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI (Civil Writ Jurisdiction) W.P. (C) No. 4255 of 2020

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….....

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Lakhan Mahto …. ..... Petitioner Versus The State of Jharkhand & Others …. ..... Respondents WITH W.P. (C) No. 4273 of 2020

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Prakash Yadav …. ..... Petitioner Versus The State of Jharkhand & Others …. ..... Respondents

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CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO

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…......... For the Petitioner : Mr. Bhawesh Kumar, Advocate. Mr. Ravi Kumar, Advocate. [In both cases]. For the Respondents/State : Mr. Sanjay Kumar Sah, A.C. to Mr. Ashok Kumar, AAG-IV. [In W.P.(C) No. 4255/2020] Mr. Manish Mishra, G.P.-V. [In W.P.(C) No. 4273/2020]

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07/19.07.2022.

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Heard, learned counsel for the petitioner(s), Mr. Bhawesh Kumar assisted by learned counsel, Mr. Ravi Kumar and learned counsels for the respondents / State, Mr. Sanjay Kumar Sah, A.C. to Mr. Ashok Kumar, AAG-IV in W.P.(C) No. 4255/2020 and Mr. Manish Mishra, G.P.-V in W.P.(C) No. 4273/2020.

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W.P. (C) No. 4273 of 2020

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Learned counsel for the petitioner, Mr. Bhawesh Kumar assisted by learned counsel, Mr. Ravi Kumar has submitted, that petitioner has preferred this writ petition for a direction upon the respondents to forthwith, declare the petitioner as “displaced” and issue the “Displaced Family Development Booklet” for extending him the benefits given under Rehabilitation Policy, 2003 read with Revised Rehabilitation Policy, 2012, formulated by Water Resources Department, Government of Jharkhand for the families displaced due to land acquisition made by the department for implementation of irrigation project scheme and also for employment to the one member of the petitioner's family as the petitioner's son is an unemployed graduate and entitled to get employment under the said policy.

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Learned counsel for the petitioner has further submitted, that the respondents / State has referred para-15 of the 2^nd supplementary counter-affidavit dated 18.07.2022, duly sworn by Mr. Aditya Ranjan, Deputy Commissioner, Koderma and has submitted, that the same may profitably be quoted hereunder:

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“15. That it is humbly stated and submitted that the petitioner has got 1.84 acres of land in his share and only 1.003 Acres of his land has been acquired by the Respondents and after acquisition 0.837 Acres of land is left with him, so more than half of his land has been acquired by the Respondents. Hence the petitioner fulfills the condition laid down in clause 3 (kha) of the Rehabilitation Policy, 2012. Therefore, the petitioner comes under the definition of 'Displaced Person' and he is entitled to get 'Displaced Family Development Booklet' to extend him the benefits given under the Rehabilitation Policy.”

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Learned counsel for the petitioner has thus submitted, that all the facilities including employment available under the Rehabilitation Policy has to be given to the petitioner but the respondents have not whispered about the employment in their affidavits.

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Learned counsel for the respondents / State, Mr. Manish Mishra, G.P.-V has submitted, that since the petitioner has been considered by the respondents as Displaced Person, it goes without saying that all the provisions of Policy shall be extended to the petitioner. After hearing learned counsel for the parties, the writ petition is allowed and disposed of with a direction to the Department to issue Displaced Family Development Booklet in favour of the petitioner within a period of 30 days from the date of production of copy of the order and all the incidental facilities under the Rehabilitation Policy shall be granted to the petitioner in accordance with law without any unnecessary delay.

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W.P. (C) No. 4255 of 2020

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Learned counsel for the petitioner, Mr. Bhawesh Kumar assisted by learned counsel, Mr. Ravi Kumar has submitted, that petitioner has preferred this writ petition for a direction upon the

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respondents to forthwith, declare the petitioner as “displaced” and issue the “Displaced Family Development Booklet” for extending him the benefits given under Rehabilitation Policy, 2003 read with Revised Rehabilitation Policy, 2012, formulated by Water Resources Department, Government of Jharkhand for the families displaced due to land acquisition made by the department for implementation of irrigation project scheme and also employment to the one member of the petitioner's family as the petitioner's son is an unemployed graduate and entitled to get employment under the said policy.

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Learned counsel for the petitioner has further submitted, that the respondents / State has referred para-9 of the 2^nd supplementary counter-affidavit dated 19.07.2022, duly sworn by Mr. Aditya Ranjan, Deputy Commissioner, Koderma and has submitted, that the same may profitably be quoted hereunder:

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“9. That it is stated and submitted that petitioner has got 6.09 in his share and 4.195 acres of his land has been acquired by the respondent after acquisition 1.895 acres land is left with him, which is half or more than half of his land has been acquired by the respondent. Hence the petitioner fulfills the condition laid down in clause 3 (kha) of the Rehabilitation Policy, 2012. Therefore, the petitioner comes under the definition of 'Displaced Person.”

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Learned counsel for the petitioner has submitted, that it has been wrongly typed as “this palace person” in place of “displaced person” in last line of para-9 of the 2^nd Supplementary Counteraffidavit dated 19.07.2022.

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Learned counsel for the petitioner has thus submitted that all the facilities including employment available under the Rehabilitation Policy has to be given to the petitioner, but the respondents have not whispered about the employment in their affidavits.

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Learned counsel for the respondents / State, Mr. Sanjay Kumar Sah, A.C. to Mr. Ashok Kumar, AAG-IV has submitted, that since the petitioner has been considered by the respondents as displaced persons, as such, petitioner is entitled for all the facilities available under Rehabilitation Policy.

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After hearing learned counsel for the parties, the writ petition is allowed and disposed of with a direction to the Department to issue “Displaced Family Development Booklet” in favour of the petitioner within a period of 30 days from the date of production of copy of order and all the incidental facilities under the Rehabilitation Policy shall be granted to the petitioner in accordance with law without any unnecessary delay.

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(Kailash Prasad Deo, J.)

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Sunil/-

Prakash Yadav v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Prakash Yadav v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

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