Disposed

Ratho Karmali Alias Ratho Vishwakarma v. District Administration

Jharkhand HC7 Feb 2023WPC/1544/2013

Case brief

AI extract

What is this about?

The High Court of Jharkhand disposed of a writ petition regarding land acquisition and house demolition for highway construction. The court directed the petitioner to approach the District Land Acquisition Officer for compensation claims after completion of the acquisition process. Specific timelines were set for the reasoned order and payment.

What did the court decide?

Petitioner directed to approach District Land Acquisition Officer within 4 months to claim compensation with supporting documents; DA to pass reasoned order within 3 months and disburse compensation w

Ratho Karmali Alias Ratho Vishwakarma Vs District… — Land Acquisition | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 1544 of 2013 With

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I.A. No. 83 of 2016

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Ratho Karmali Ratho Vishwakarma, Son of Late Inder Karmali, R/O Murramkalan, P.O. - Gossa, P.S. - Ramgarh, District - Ramgarh, At present working as Driver in the Office of N.C.L. (Northern Coalfields Limited),Sindrauli, P.O. Gorbi, P.S.-Morwa, DistrictSindrauli M.P. … … Petitioner

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Versus

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The State of Jharkhand

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Deputy Commissioner, Office of Deputy Commissioner, Ramgarh, At Main Road Ramgarh, Opposite Block Office At P.O./DistrictRamgarh

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Additional Collector I/C Land Acquisition Officer, Office of Additional Collector At P.O./District-Ramgarh

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Circle Officer, Ramgarh, Office of Circle Officer, Ramgarh Block, At/P.O./District-Ramgarh

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Executive Engineer National Highwaty N.H. 33, Division, At Ashok Nagar, P.O. Ashok Nagar, District-Ranchi

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… … Respondents

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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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--For the Petitioner : Mr. Dr. H. Waris, Advocate Ms. Reshma Kumari, Advocate For the State : Mr. A.K. thakur, Advocate For the NHAI : Ms. Sweety Topno, Advocate

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13 /07.02.2023 Mr. Dr. H. Waris appears on behalf of the petitioner along with Ms. Reshma Kumari. Heard Mr. Ashish Kumar Thakur, learned counsel appearing on behalf of the State.

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2. This writ petition has been filed for the following reliefs:-

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“ That by means of this application the Petitioner prays for issuance of an appropriate Writ/ Writs, rule/rules, order/orders, direction/directions commanding the Respondents not to demolish the houses of Petitioner situated over an area of five decimals of land out of total 2.15 acres of land pertaining to Khata No. 94, Plot No. 880 situated in Village -Murramkalan Thana No. 91, District Rangarh (Previously Hazaribagh) settled to grand father of the Petitioner Late Dedhu Karmali Village-Murramkalan, District Ramgarh then Hazaribagh by means of Gift (Bhu-Dan) in the year 1956 by the State Government as will be evident from Annexure-1 to this writ application and further prays to direct the respondents not to take any action to demolish the houses of the petitioner and to acquire the land of the Petitioner without following the Procedure of law for Public Purpose for construction of alleged 4/6 By pass Road and pay compensation to the Petitioner for the damages caused to his houses.”

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I.A. No. 83 of 2016

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3. Learned counsel for the petitioner submits that this interlocutory application has been filed for amendment of the main writ petition which is quoted as under:-

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“ An appropriate writ/writs, rule/rules, order/orders, direction/ directions commanding to respondents to pay compensation in present market rate with cost for 5 decimals of land and two pucca houses of petitioner (Annexure-4) demolished on 10.03.2013 (Annexure-8) by the respondents consisting over 6 big rooms with bathroom, kitchen, store room, varanda etc. the valuation of which was then Rs.15,00,000/- (Fifteen Lakhs) situated at village Murramkalan, District- Ramgarh pertaining to Khata No.94. Plot No.880 acquired and houses demolished for construction of 4/6 By Pass road and made the said land available to National Highway Authority of India.”

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Further prayer has been made to implead the following respondents which are necessary parties.

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Union of India through Secretary Ministry of road Transport & Highways. Department of Road Transport & Highways Government of India New Delhi At/P.O./P.S./District-New Delhi as Respondent No. 6 &

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Principal Secretary Jharkhand State Department of Land Reforms and Revenue at Project Building P.O.-Dhurwa, DistrictRanchi as Respondent No. 7.

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4. Learned counsel for the petitioner submits that through this interlocutory application, parties were sought to be added and prayer was also sought to be inserted seeking a direction upon the respondents to pay compensation at the rate of present market rate in connection with land acquisition. The learned counsel submits that initially the writ petition was filed seeking a direction upon the respondents not to disturb the physical possession of the petitioner over the property but through this interlocutory application, the petitioner is seeking compensation. So far as addition of parties are concerned, the petitioner does not want to press the same.

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5. The learned counsel for the respondents submits that since necessary steps has already been taken for the purposes of acquisition of property by issuance of Notification under Section 3-A of The National Highways Act, 1956 , the natural consequence would be the petitioner would be entitled for compensation as per law subject to his entitlement and apportionment.

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6. After hearing the learned counsel for the parties and considering the nature of relief which has been sought for through this interlocutory application, this court finds that it is sufficient to observe

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that the notification under Section 3-A has already been issued and proceeding for land acquisition is in progress, therefore the petitioner would certainly be entitled for compensation subject to satisfaction of relevant criteria including his entitlement and apportionment. In view of the aforesaid, let this I.A. be treated as part of the writ records.

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W.P.(C) No. 1544 of 2013

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7. Learned counsel appearing on behalf of the State Mr. Ashish Kumar Thakur has submitted that pursuant to order passed yesterday, he has taken instructions from the State and upon such instructions he submits that the entire proceeding in connection with acquisition of land involved in the present case is likely to be completed within a period of three months from today. He submits that upon completion of such proceeding, the petitioner may approach the District Land Acquisition Officer, for payment of compensation. The learned counsel submits that the writ petition itself may be disposed of. He submits that claim and apportionment shall be taken care of by the District Land Acquisition Officer, as per the various provisions of the Act.

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8. Learned counsel for the petitioners submits that the case can be disposed of enabling the petitioner to approach the District Land Acquisition Officer after a period of three months so that the petitioner may claim their compensation before the Authority.

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9. After hearing the learned counsel for the parties and considering the facts and circumstances of this case, it is not in dispute that the required notification under Section 3-A of the aforesaid Act has already been issued and as per the counsel for the state 3 months’ time from today is required to complete the acquisition process .

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10. In view of the aforesaid facts and circumstances this writ petition is disposed of enabling the petitioner to approach the concerned District Land Acquisition Officer after 4 months from today for claiming compensation by filing a detailed representation with supporting documents along with a copy of this writ records. Upon such representation, the District Land Acquisition Officer shall pass a reasoned order after hearing the petitioner and other interested persons and disburse the amount of compensation upon due identification and in accordance with law. The reasoned order be

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passed within a period of 3 months from the date of filing the representation and if any amount is found admissible, the same be also paid within a period of 2 months from the date of the reasoned order. This writ petition is accordingly disposed of with aforesaid observations and directions.

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11. Pending I.A., if any, is closed.

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(Anubha Rawat Choudhary, J.)

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Binit

Ratho Karmali Alias Ratho Vishwakarma v. District Administration

Case brief

What is this about?

What did the court decide?

Ratho Karmali Alias Ratho Vishwakarma v. District Administration

Case brief

What is this about?

What did the court decide?

What the court decided

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