Bhuneshwar Mahto Vs the State of Jharkhand through Its Chief Secretary — Jharkhand HC (2024) — LawSathi Research

Bhuneshwar Mahto Vs the State of Jharkhand through Its Chief Secretary — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition dismissed as withdrawn, with liberty to the petitioner to approach the competent authority (respondent no.3, District Land Acquisition Officer-cum-Competent Authority, NHAI, Giridih) for redressal of his grievance regarding the quantum of compensation for the acquired land and house.

Issue for consideration

Whether the petitioner is entitled to a direction upon the respondents to pay proper compensation in lieu of acquisition of his residential premises and land (Khata no.17, plot no.352, measuring 8 decimals, Mouja Jamunia, District Giridih), including redetermination of the compensation quantum.

Ratio / Principle

In view of the statement in the counter affidavit and the petitioner's prayer, the writ petition is dismissed as withdrawn.

Key takeaways

Withdrawal is with liberty to the petitioner to approach the competent authority, respondent no.3, for redressal of his grievance with respect to the quantum of compensation in lieu of acquisition of the land as well as the house in question; the merits of the compensation claim were not decided by the Court.ratio¶18

Detailed headnote1 paragraphs

Writ petition seeking a direction to the respondents to pay proper compensation in lieu of acquisition of the petitioner's residential premises and land appertaining to Khata no.17, plot no.352 (8 decimals), Mouja Jamunia, District Giridih. Learned A.C. to S.C. (Mines)-III referred to paragraph 11 of the counter affidavit of respondent nos.2 and 3, stating that compensation of Rs.56,519/- under Award No.36 (for 0.0043 acres of Plot No.352/13) and Rs.14,39,911/- under Award No.26 (for 0.0250 acres of Plot No.352/2-A and 0.0050 acres of Plot No.352/12A) had been prepared and already paid, that the awards were properly prepared as per the nature of the land, and that there was no necessity for redetermination. Considering these statements, learned counsel for the petitioner prayed for withdrawal with liberty. Held: writ petition dismissed as withdrawn with liberty to the petitioner to approach the competent authority (respondent no.3) for redressal of his grievance as to the quantum of compensation for the land and house. Merits of the compensation claim not adjudicated.

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No.1767 of 2022

Bhuneshwar Mahto

.......... Petitioner.

-Versus-

The State of Jharkhand, through the Chief Secretary, Government of Jharkhand, Ranchi.

Deputy Commissioner, Giridih.

District Land Acquisition Officer, Giridih-cum-Competent Authority, National Highways Authority of India, Giridih.

Project Director, National Highways Authority of India, Kandra, Govindpur, Dhanbad.

.......... Respondents.

CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR

----For the Petitioner : Mr. A. K. Sahani, Advocate For the State : A.C. to S.C. (Mines)-III ----- Order No.05 Date: 02.07.2024

The present writ petition has been filed for issuance of direction upon the respondents to pay proper compensation to the petitioner in lieu of acquisition of his residential premises including the land appertaining to Khata no.17, plot no.352, measuring an area of 8 decimals, Mouja Jamunia, District Giridih.

Learned A.C. to S.C. (Mines)-III refers to paragraph no.11 of the counter affidavit filed on behalf of the respondent nos.2 and 3, which reads as under:-

“11. That with regard to the statement made in Paragraph- 10,11, 12, 13, 14, 15 and 16 of the writ application it is stated and submitted that the same are partly matter of record and partly incorrect and distorted. The fact is that 0.0043 acres of land of Plot No.352/13 of Village Jamune been acquired. For that the 56,519.00 (Rs. Fifty Six Thousand five hundred and Nineteen compensation amount under award no.36 has been prepared and the same has already been paid to the petitioner. Similarly 0.0250 acres of land of Plot No.352/2-A and 0.0050 acres of land of Plot No.352/12A of same village Jarmune has also been acquired. For

that, compensation amount of Rs.14,39,911.00 (Rs. Fourteen lacs thirty nine thousand nine hundred and eleven) under Award No.26 has been prepared and the same has already been paid to the petitioner. The aforesaid award has been prepared properly as per nature of the land. Thus, there is no necessity for redetermination of compensation amount, if the petitioner had any grievance, he had opportunity to knock the door before the proper authority instead of filing the present writ petition.”

Considering the aforesaid statements made in the counter affidavit, learned counsel for the petitioner prays for withdrawal of the writ petition with a liberty to the petitioner to approach the competent authority- respondent no.3 for redressal of his grievance with respect to quantum of compensation in lieu of acquisition of the land as well as the house in question.

Considering the said prayer, the present writ petition is dismissed as withdrawn with the aforesaid liberty.

(Rajesh Shankar, J.)

Sanjay/

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