Shankar Yadav Vs the State of Jharkhand through the Chief Secretary — Jharkhand HC (2024) — LawSathi Research

Shankar Yadav Vs the State of Jharkhand through the Chief Secretary — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Impugned order dated 02.12.2022 (Misc. Case No.35/2021-22, Deputy Commissioner-cum-DM, Chatra) quashed and set aside; petitioners permitted to approach the Four Members Committee, which is directed to process their claim afresh per Circular Letter No.334 dated 14.05.2009 and make a recommendation; respondents directed to release the amount so recommended if the claims are genuine and accord with the circular; pending interlocutory applications, if any, likewise disposed of.

Issue for consideration

Whether the petitioners' claim arising out of the land acquisition (Award prepared 2007-08) for the Super Thermal Power Project, Tandwa, NTPC, ought to be assessed and recommended by the Four Members Committee under Circular Letter No.334 dated 14.05.2009 and the Jharkhand Rehabilitation & Resettlement Policy, 2008, rather than as decided in the Deputy Commissioner, Chatra's order dated 02.12.2022 in Misc. Case No.35/2021-22.

Court's answer

The order dated 02.12.2022 passed in Misc. Case No.35/2021-22 by the Deputy Commissioner-cum-District Magistrate, Chatra is hereby quashed and set aside.

Ratio / Principle

The petitioners are at liberty to approach the Committee (said to be functional per counsel for the State), and the Committee is directed to process the claim of the claimants/petitioners as per the above mentioned circular dated 14.05.2009 and make a recommendation accordingly.

Key takeaways

It is hereby clarified that even if a decision has been taken earlier, that will not come in the way of making a fresh assessment; in fact, the entire claim has to be assessed afresh, because it is a question of deprivation of the right to property.ratio¶18
If the claim of the claimants is found to be genuine and in accordance with the aforesaid circular, the respondents are directed to release the amount as recommended by the Committee; the claimants remain at liberty to work out their further remedy in accordance with law.ratio¶18

Detailed headnote1 paragraphs

High Court of Jharkhand at Ranchi (Rajesh Kumar, J.) | W.P.(C) No.792 of 2023 | Shankar Yadav & Ruplal Yadav v. The State of Jharkhand (Chief Secretary) & 3 others | Decided 08th May, 2024. Petitioners' lands were acquired for the Super Thermal Power Project, Tandwa, of National Thermal Power Corporation Ltd., an Award having been prepared in 2007-08. Per Circular contained in Letter No.334 dated 14.05.2009 (Under Secretary, Department of Revenue, Registration & Land Reforms, GoJ) and the Jharkhand Rehabilitation & Resettlement Policy, 2008, affected persons' interests must be assessed by the Four Members Committee, which is obliged to enquire and recommend their claim. Against this backdrop the Court quashed and set aside the Deputy Commissioner-cum-DM, Chatra's order dated 02.12.2022 passed in Misc. Case No.35/2021-22; allowed the petitioners to approach the Committee (stated to be functional); directed the Committee to process their claim per the said circular and make a recommendation; clarified that an earlier decision shall not obstruct a fresh assessment, the entire claim being assessed afresh as a question of deprivation of the right to property; and directed respondents to release the amount recommended by the Committee if the claims prove genuine and accord with the circular, leaving claimants free to work out further remedy in law. With these observations and directions, and disposal of pending interlocutory application(s), if any, the writ petition stood disposed of.

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.792 of 2023

Shankar Yadav

Ruplal Yadav …… Petitioners

Versus

The State of Jharkhand through the Chief Secretary, Ranchi (Jharkhand)

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

The Deputy Commissioner, Chatra

The Circle Officer, Tandwa, Chatra.

…... Respondents

CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

For the Petitioners : Mr. Krishna Prajapati, Advocate For the State : Mr. Sanjay Kr. Tiwari, S.C.-I

12/Dated: 08th May, 2024

1. Heard learned counsel for the parties.

2. It appears that the land acquisition proceeding has been initiated and finally an Award has been prepared in the year 2007-08. The land, in question, has been acquired for the purpose of Super Thermal Power Project, Tandwa, National Thermal Power Corporation Ltd.

It further appears that although as per the Circular contained in Letter No.334 dated 14.05.2009, issued by the Under Secretary, Department of Revenue, Registration & Land Reforms, Government of Jharkhand and the mandate of the Jharkhand Rehabilitation & Resettlement Policy, 2008, the interest of one or other person has to be assessed by the Four Members Committee, constituted by the aforesaid circular. The Committee is under the obligation to make an enquiry and accordingly recommend the claim of the petitioners in one way or other way applying the aforesaid circular dated 14.05.2009, which can be the basis of the claim.

3. In that view of the matter, the order dated 02.12.2022 passed n Misc. Case No.35/ 2021-22 by the Deputy Commissioner -cum- District Magistrate, Chatra is hereby, quashed and set aside. The petitioners are at liberty to approach the Committee, which is said to be functional as per the learned

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counsel for the State. The said Committee is directed to process the claim of the claimants/ petitioners, as per the above mentioned circular, and make a recommendation accordingly. 4. It is, hereby, clarified that even if the decision has been taken earlier, that will not come in the way in making fresh assessment. In fact, the entire claim has to be assessed afresh because it is a question of deprivation of the right to property. 5. If the claim of the claimants are found to be genuine and in accordance with the aforesaid circular then the respondents are directed to release the amount as recommended by the Committee. The claimants are at liberty to work out their further remedy in accordance with law.

6. With above observation and direction, the present writ petition stands disposed of.

7. Pending interlocutory application, if any, also stands disposed of.

(Rajesh Kumar, J.)

Chandan/-

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