Dewendra Buks Ray Alias Devendra Buxray Vs the State of Jharkhand through the Deputy Commissioner Latehar

IN THE HIGH COURT OF JHARKHAND, RANCHI

W.P.(C) No. 3414 of 2024

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1.DEWENDRA BUKS RAY ALIAS DEVENDRA BUXRAY, AGED ABOUT 52 YRS, SON OF LATE MR. BIJENDRA BAKS RAY, R/O VILL MAHULIYA PO NAWA JAIPUR PS PATAN DIST PALAMU JHARKHAND

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2.JITENDRA BAXRAY AGED ABOUT 48 YEARS, SON OF LATE MR. BIJENDRA BAKS RAY, R/O OF VILLAGE MAHULIYA, P.O. NAWA JAIPUR, P.S. PATAN, DISTRICT PALAMAU- 822123 JHARKHAND .... Petitioner

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-- Versus --

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1) THE STATE OF JHARKHAND THROUGH THE DEPUTY COMMISSIONER LATEHAR OFFICIATING FROM HIS OFFICE AT O/O DEPUTY COMMISSIONER LATEHAR DIST COLLECTORATE PGR6+R8R NATIONAL HIGHWAY 75 PO PS BARIATUKHALSA DIST LATEHAR,

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2) LAND ACQUISITION OFFICER GIRIDIH, OFFICIATING FORM HIS OFFICE AT O/O THE LAND ACQUISITION OFFICER GIRIDIH PO PS AND DIST GIRIDIH

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3) CIRCLE OFFICER BAGODHAR, OFFICIATING FORM HIS OFFICE AT O/O THE CIRCLE OFFICER GIRIDIH PO PS BAGODHAR DIST GIRIDIH

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4) THE EXECUTIVE ENGINEER NATIONAL HIGHWAY AUTHORITY OF INDIA, OFFICIATING FROM HIS OFFICE AT KANKARI HILL ROAD PO PS KANKHARI DIST HAZARIBAGH .... Respondents

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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioners	:- Ms.Shivani Jhaluka, Advocate
For the State	:- Ms.Moushami Chatterjee, Advocate
For the Resp.NHAI	:- Mrs. Sweety Topno, Advocate Mr. Amrit Raj Kisku, Advocate ----

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2 /27.08.2024 Heard the learned counsel for the petitioners, learned

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counsel for the respondent State as well as the learned counsel for the respondent NHAI.

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The prayer in this petition has been made for direction upon the respondents to release the compensation with respect to the land situated within Mouza-Sonturpi, appertaining to Khata No.1 bearing Pot No.1016, 589, 981 and 1006 and Khata No.50 bearing Plot No.1012 for the construction of 4-lane and 6-lane of National Highway No.2 (GT Road) (currently NH 19) which is acquired by the respondents.

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Learned counsel for the petitioners by way of drawing the attention of the Court to paragraph no.7(g) of the petition submits that

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the petitioners have filed an application under the Right to Information Act, 2005 for getting information with regard to the land held by the petitioners which is being occupied by the respondents admeasuring an area of 46 decimals appertaining to khata no.50 bearing plot no.1012 for the purpose of construction of 4 lane of National Highways No.2 (GT Road) (currently NH 19) and land admeasuring 1186 decimal appertaining to khata no.1 bearing plot no.589 in which it has been informed that the record pertaining to the same are not available. However, she submits that the said land has already been acquired and in view of the same the petitioners have filed a proper petition before the learned Land Acquisition Officer, Giridih and in spite of that no decision has been taken.

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Learned counsels for the respondent State as well as respondent NHAI have jointly submit that the concerned Land Acquisition Officer can take decision on such petition to be filed by the petitioners.

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In view of above and considering that under the Right to Information Act such information was provided to the petitioners and as such the Land Acquisition Officer, Giridih is required to give a reason as to why the compensation with regard to the land which is being utilized by the respondent NHAI will not be released in favour of the petitioners and that will be disclosed by the concerned Land Acquisition Officer on the fresh representation filed by the petitioners within two weeks and the same will be disposed of in light of the above observation within four

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weeks further thereafter.

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This petition is accordingly disposed of.

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Pending petition if any also stands disposed of accordingly.

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( Sanjay Kumar Dwivedi, J.)

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SI/,

Dewendra Buks Ray Alias Devendra Buxray v. the State of Jharkhand through the Deputy Commissioner Latehar

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Dewendra Buks Ray Alias Devendra Buxray v. the State of Jharkhand through the Deputy Commissioner Latehar

Case brief

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