Chunna Mahatani Vs The State Of Jharkhand And Ors. — Land Acquisition | Jharkhand HC (2024)

Chunna Mahatani Vs The State Of Jharkhand And Ors. — Land Acquisition | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Direction to respondent No.4 in all three writ petitions (District Land Acquisition Officer, Saraikela-Kharsawan) to release the awarded compensation amount to the petitioners in accordance with law, within eight weeks from the date of receipt/production of the judgment copy together with the petitioners' representation.

Issue for consideration

Whether the deposit of the awarded compensation in the Government treasury, without payment to the petitioners, defeats payment of compensation so that the land acquisition proceedings must be deemed to have lapsed under Section 24(2) of the RFCTLARR Act, 2013. +1 more

Court's answer

The Court took account of the Hon'ble Constitution Bench decision in Indore Development Authority (LAPSE-5 J.) v. Manoharlal, (2020) 8 SCC 129, paragraph 365, whereby Pune Municipal Corporation v. Harakchand Misirimal Solanki and all decisions following it stand overruled, which removed the foundation of the petitions' original Section 24(2) lapse claim and led to acceptance of the modified prayer.

Ratio / Principle

On the modified prayer, with no serious objection from respondents-State, respondent No.4 (District Land Acquisition Officer) was directed to release the awarded compensation to the petitioners in accordance with law within eight weeks from receipt/production of the judgment copy along with the petitioners' representation, and all three writ petitions were disposed of.

Detailed headnote1 paragraphs

High Court of Jharkhand, Ranchi (Justice Anil Kumar Choudhary; decided 13 June 2024) disposed of three allied writ petitions — W.P.(C) No.4198 of 2016 (Shobha, Shankari, Amit and Deepak Pramanik), W.P.(C) No.4246 of 2016 (Mohan Chandra Mahato) and an allied petition of Chunna Mahatani — filed under Article 226 against the State of Jharkhand, revenue/land-acquisition authorities of Saraikela-Kharsawan and the Jharkhand State Housing Board. The petitions, by landowners whose acquisition compensation lay deposited in the Government treasury, originally prayed for a fresh acquisition process and lapse under Section 24(2) of the RFCTLARR Act, 2013, resting on Pune Municipal Corporation v. Harakchand Misirimal Solanki, (2014) 3 SCC 183. Invoking the Constitution Bench ruling in Indore Development Authority (LAPSE-5 J.) v. Manoharlal, (2020) 8 SCC 129, paragraph 365 — which overruled Pune Municipal Corporation and its followers, overruled Sree Balaji Nagar Residential Assn., (2015) 3 SCC 353, and held that Indore Development Authority v. Shailendra, (2018) 3 SCC 412, could not prevail — counsel modified the prayer to seek release of the awarded amount via representation to respondent No.4. With State counsel raising no serious objection, the Court directed respondent No.4 to release the awarded compensation in accordance with law within eight weeks of receipt/production of the judgment copy with the representation; the petitions stand disposed of accordingly. No rupee quantum of the award is stated in the judgment.

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.4198 of 2016

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(a) Shobha Pramanik Wife of Late Kisto Pada Pramanik aged about 62 years

(b) Shankari Pramanik D/O Late Kisto Pada Pramanik aged about 42 years

(c) Amit Pramanik S/O Late Kisto Pada Pramanik aged about 38 years

(d) Deepak Pramanik S/O Late Kisto Pada Pramanik aged about 37 years

1(a) to 1 (d) All R/o Aditya Enclave, Dindli Near Shiv Kali Mandir, P.O. Adityapur, P.S. Adityapur, Dist. Seraikela-Kharsawan

… Petitioners

Versus

The State of Jharkhand.

The Secretary Revenue, Land Reforms, Government of Jharkhand, At & P.O. Dhurwa, P.S. Dhurwa, District Ranchi.

The Deputy Commissioner Saraikela-Kharsawan, At & P.O. Saraikela, and District Saraikela-Kharsawan.

The District Land Acquisition Officer, Saraikela-Kharsawan, At & P.O. Saraikela, and District Saraikela-Kharsawan

The Special Land Acquisition officer, At + P.O. Aditypur, P.S. Adityapur, Dist. Saraikela-Kharsawan

Managing Director, Jharkhand State Housing Board, At + P.O.Harmu, P.S.- Argora, Dist.- Ranchi

The Executive Engineer, Jharkhand State Housing Board, At + P.O.+P.S. Adityapur, Dist. Saraikela-Kharsawan

… Respondents

With

W.P.(C) No.4246 of 2016

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W.P.(C) No.4198 of 2016 & other allied cases

1 (a) Mohan Chandra Mahato, S/o Late Kritivas Mahato @ Bijaychandra Mahato, Aged about 61 years, resident of Ichchapur Gowalapara, Adityapur-2 P.O. and P.S.- RIT, Dist. Saraikela… Kharsawan (Jharkhand)

Petitioner

Versus

The State of Jharkhand.

The Secretary Revenue, Land Reforms, Government of Jharkhand, At & P.O. Dhurwa, P.S. Dhurwa, District Ranchi.

The Deputy Commissioner Saraikela-Kharsawan, At & P.O. Saraikela, and District Saraikela-Kharsawan.

The District Land Acquisition Officer, Saraikela-Kharsawan, At & P.O. Saraikela, and District Saraikela-Kharsawan

The Special Land Acquisition officer, Adityapur Industrial Area, Aditypur, At + P.O. + P.S. Adityapur, Dist. Seraikela-Kharsawan

The Managing Director, Jharkhand State Housing Board, At + P.O.- Harmu, P.S.- Argora, Dist.- Ranchi

The Executive Engineer, Jharkhand State Housing Board, At + P.O.+P.S. Adityapur, Dist. Seraikela-Kharsawan

… Respondents

With

------ Chunna Mahatani Daughter of Late Haladhar Mahto, W/o Shree D.N. Mahto, Village- Dindli Basti, Tola Icchapur P.O. & P.S. Adtiyapur, District- Saraikela-Kharsawan … Petitioner

Versus

The State of Jharkhand.

The Secretary Revenue, Land Reforms, Government of Jharkhand, At & P.O. Dhurwa, P.S. Dhurwa, District Ranchi.

The Deputy Commissioner Saraikela-Kharsawan, At & P.O.

W.P.(C) No.4198 of 2016 & other allied cases

Saraikela, and District Saraikela-Kharsawan.

The District Land Acquisition Officer, Saraikela-Kharsawan At & P.O. Saraikela, and District Saraikela-Kharsawan

The Special Land Acquisition officer, At P.O. + P.S. Adityapur, Dist. Seraikela-Kharsawan

The Managing Director, Jharkhand State Housing Board, At + P.O.- Harmu, P.S.- Argora, Dist.- Ranchi

The Executive Engineer, Jharkhand State Housing Board, At + P.O.+P.S. Adityapur, Dist. Seraikela-Kharsawan

… Respondents

For the Petitioners : Mr. Asit Baran Mahto, Advocate Mr. Upendra Nath Maht, Advocate For the Respondents : Mr. J. F. Toppo, GA V Mr. A. R. Kisku, AC to GA V Dr. Ashok Kr. Singh, Advocate Ms. Surabhi, AC to AAG II Mr. Praveeen Akhauri, SC (MINES) I Mr. Diva K. Roy, AC to SC (MINES) I ------

P R E S E N T

HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

By the Court:- Heard the parties.

All these three Writ Petitions have been filed under Article 226 of the Constitution of India with a prayer for issuance of appropriate writ/order/direction to the respondents for initiation of a fresh acquisition process under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 as the deposit of amount of compensation in the Government treasury of the petitioners in respect of the acquisition of the land, cannot amount to payment of compensation, hence, these are the cases that the land acquisition proceeding

W.P.(C) No.4198 of 2016 & other allied cases

shall be deemed to have lapsed under Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

All these three writ petitions were filed basing upon the principle of law settled by the Hon’ble Supreme Court of India in the case of Pune Municipal

Corporation & Another vs. Harakchand Misirimal Solanki & Others reported in (2014) 3 SCC 183 but keeping in view the fact that the Hon’ble Constitution Bench of the Hon’ble Supreme Court of India in the case of Indore Development Authority (LAPSE-5 J.) vs. Manoharlal & Others reported in (2020) 8 SCC 129 paragraph-365 if which reads as under:-

“365. Resultantly, the decision rendered in Pune Municipal Corpn. [Pune Municipal Corpn. v. Harakchand Misirimal Solanki, (2014) 3 SCC 183 : (2014) 2 SCC (Civ) 274] is hereby overruled and all other decisions in which Pune Municipal Corpn. [Pune Municipal Corpn. v. Harakchand Misirimal Solanki, (2014) 3 SCC 183 : (2014) 2 SCC (Civ) 274] has been followed, are also overruled. The decision in Sree Balaji Nagar Residential Assn. [Sree Balaji Nagar Residential Assn. v. State of T.N., (2015) 3 SCC 353 : (2015) 2 SCC (Civ) 298] cannot be said to be laying down good law, is overruled and other decisions following the same are also overruled. In Indore Development Authority v. Shailendra [Indore Development Authority v. Shailendra, (2018) 3 SCC 412 : (2018) 2 SCC (Civ) 426] , the aspect with respect to the proviso to Section 24(2) and whether “or” has to be read as “nor” or as “and” was not placed for consideration. Therefore, that decision too cannot prevail, in the light of the discussion in the present judgment.” (Emphasis supplied)

has overruled the decision of the said Pune Municipal Corporation & Another vs. Harakchand Misirimal Solanki & Others (supra) including all

other decision in which Pune Municipal Corporation & Another vs. Harakchand Misirimal Solanki & Others (supra) has been followed; learned counsel for the petitioners submits that the petitioners modify their prayer and submits that the petitioners intend to file a representation to the respondent

W.P.(C) No.4198 of 2016 & other allied cases

No.4 for payment of awarded amount and the respondent No.4 be directed to release the same in favour of the petitioners within a reasonable time.

Learned counsel for the respondents-State has no serious objection.

Considering the aforesaid facts, all these three writ petitions are disposed of with a direction to the respondent No.4 of all these writ petitions that in case the petitioners of all these writ petitions file representation for release of compensation amount awarded, the respondent No.4 of all these three writ petitions are directed to release the same in favour of the petitioners in accordance with law within eight weeks from the date of receipt/production of copy of this judgment along with the representation of the petitioners.

These writ petitions stand disposed of accordingly.

(Anil Kumar Choudhary, J . )

High Court of Jharkhand, Ranchi Dated the 13^th of June, 2024 AFR/ Animesh-Saroj

W.P.(C) No.4198 of 2016 & other allied cases