Disposed

Mohammad Aslam v. the State of Jharkhand

Jharkhand HC16 Jul 2024WPC/3022/2021

Case brief

AI extract

What is this about?

Two cousin brothers sought compensation for lands acquired for the Dhankutti Nala Check Dam under the North Koel Project but never paid. Since an objection under Section 15 of the RFCTLARR Act was already pending before the Deputy Commissioner, the writ petitions were disposed of directing a decision there within three months.

What the court decided

AI extract

Mohammad Aslam Vs the State of Jharkhand — Land Acquisition | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 3022 of 2021

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Mohammad Aslam … Petitioner

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-Versus-

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The State of Jharkhand

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The Secretary, Revenue and Land Reforms Department, Government of Jharkhand, Ranchi

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The Secretary, Water Resources Department, Government of Jharkhand, Ranchi

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The Chief Engineer, Water Resources Department, Medininagar at Daltonganj, District- Palamau

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The Deputy Commissioner, Garhwa

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The District Land Acquisition Officer, Garhwa

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The Special Land Acquisition Officer, North Koel Pariyojna, Medininagar, Palamau at Daltonganj, District- Palamau

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The Additional Collector, Garhwa

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The Sub-Divisional Officer, Ranka, District- Garhwa

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The Circle Officer, Chiniya, District- Garhwa

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The Executive Engineer, Water Ways Division, District- Garhwa

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… Respondents

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With

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W.P. (C) No. 6572 of 2023

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Imteyaz Ahmad

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Ajaz Ahmed … Petitioners

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-Versus-

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The State of Jharkhand

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The Secretary, Revenue and Land Reforms Department, Government of Jharkhand, Ranchi

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The Secretary, Water Resources Department, Government of Jharkhand, Ranchi

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The Chief Engineer, Water Resources Department, Medininagar at Daltonganj, District- Palamau

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The Deputy Commissioner, Garhwa

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The District Land Acquisition Officer, Garhwa

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The Special Land Acquisition Officer, North Koel Pariyojna, Medininagar, Palamau at Daltonganj, District- Palamau

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The Additional Collector, Garhwa

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The Sub-Divisional Officer, Ranka, District- Garhwa

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The Circle Officer, Chiniya, District- Garhwa

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The Executive Engineer, Water Ways Division, District- Garhwa

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Mohammad Aslam

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… Respondents

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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner : Mr. Mahesh Kumar Sinha, Advocate [In W.P.(C)-3022/21]

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-1-

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W.P. (C) No. 3022 of 2021

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With

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W.P. (C) No. 6572 of 2023

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For the Petitioners : Mr. Shresth Gautam, Advocate [In W.P.(C)-6572/23] Mr. Amit Kumar Sinha, Advocate For the State : Mr. Anil Kumar Singh, A.C. to G.P.-I [In W.P.(C)-3022/21] For the State : Mr. Shray Mishra, A.C. to A.G. [In W.P.(C)-6572/23]

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19/16.07.2024 In both the writ petitions, common questions of fact and law are involved and that is why, both the writ petition are being heard on merit with consent of the parties.

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Heard Mr. Mahesh Kumar Sinha, learned counsel for the petitioner in W.P.(C) No.3022 of 2021 and Mr. Shresth Gautam along with Mr. Amit Kumar Sinha, learned counsel for the petitioners in W.P.(C) No.6572 of 2023 and Mr. Anil Kumar Singh and Mr. Shray Mishra, learned counsel for the State in W.P.(C) No.3022 of 2021 and W.P.(C) No.6572 of 2023 respectively.

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The prayer in W.P.(C) No.3022 of 2021 is made for direction upon the respondents to pay the entire compensation amount with all the benefits specified under the Scheme for the petitioner's land acquired by the respondents under Khata No.16, Plot No.1500, Area 0.30 Acres and Plot No.1534, Area 3.10 Acres of Mauza- Belari @ Chiniya and Khata No. 16, Plot No.1500, Area 1.98 Acres and Plot No.1499, Area 0.80 Acres of Village- Chiniya, P.S. Chiniya, District- Garhwa, Jharkhand to the petitioner.

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Mr. Mahesh Kumar Sinha, learned counsel for the petitioner in W.P.(C) No.3022 of 2021 submits that the said land was acquired by the respondents for the Dhankutti Nala Check Dam and in spite of the acquisition, till date, the petitioner has not been paid any compensation and

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-2- W.P. (C) No. 3022 of 2021 With W.P. (C) No. 6572 of 2023

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in view of that, appropriate order may kindly be passed. He further submits that the cousin brothers, who are petitioners in W.P.(C) No.6572 of 2023, have already sold their part of share.

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The prayer in W.P.(C) No.6572 of 2023 is made for direction upon the respondents to make payment of compensation along with other benefits specified under the Scheme to the petitioners against acquisition of their raiyati lands situated in Village- Belri @ Chiniya appertaining to R.S. Khata No.16, Plot No.1500 (area 0.30 acres), Plot no.1534 (area 3.10 acres), Plot No.1500 (area 1.98 acres) and Plot No.1499 (area 0.80 acres), total area 6.18 acres, which have been acquired by the State of Jharkhand under North Koel Project, Medininagar and no compensation has been awarded as against the said acquisition.

¶48

Mr. Shresth Gautam, learned counsel appearing for the petitioners in W.P.(C) No.6572 of 2023 submits that the petitioners in both the writ petitions are cousin brothers and both are claiming compensation for acquisition of the said lands.

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Learned counsel for the State jointly submit that the petitioners in W.P.(C) No.6572 of 2023 has already moved before the Deputy Commissioner under Section 15 of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 by filing Miscellaneous Case No.72/2023 and objection has been made and the petitioner in W.P.(C) No.3022 of 2021 is also made party in the said miscellaneous case and, as such, the Deputy Commissioner is the competent authority to decide the dispute between the brothers.

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-3- W.P. (C) No. 3022 of 2021 With

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W.P. (C) No. 6572 of 2023

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In view of the above and considering that one objection petition being Miscellaneous Case No.72 of 2023 filed under Section 15 of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 is already pending before the Deputy Commissioner, Garhwa and the dispute is between the brothers for payment of compensation with regard to acquisition of lands in question and that can be agitated by them before the Deputy Commissioner in Miscellaneous Case No.72/2023 and both the parties are put at liberty to press that application before the Deputy Commissioner. The Deputy Commissioner, Garhwa will take a decision in accordance with law after providing opportunity of hearing to both the sides within a period of three months from the date of receipt/production of a copy of this order.

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It goes without saying that after taking a decision with regard to compensation, the Deputy Commissioner, Garhwa will further move for payment of compensation, in accordance with law. 10. Accordingly, these petitions are disposed of.

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(Sanjay Kumar Dwivedi, J.)

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Ajay/

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-4-

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-4- W.P. (C) No. 3022 of 2021 With

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W.P. (C) No. 6572 of 2023

Mohammad Aslam v. the State of Jharkhand

Case brief

What is this about?

What the court decided

Mohammad Aslam v. the State of Jharkhand

Case brief

What is this about?

What the court decided

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