Jharkhand High Court
Shyam Sunder Singh vs State Of Jharkhand & Ors on 9 October, 2012
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No. 4091 of 2007
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Shyam Sundar Singh --- --- --- --- --- Petitioner
Versus
The State of Jharkhand & others --- ---- --- Respondents
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CORAM: The Hon'ble Mr. Justice Aparesh Kumar Singh
For the Petitioner: Mr. L.K. Singh, Advocate
For the State: JC to SC-II
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3/ 09.10.2012Heard learned counsel for the parties.
2. The petitioner has approached this court as the respondents have not responded to his representations contained at annexures-3 to 6 in respect of his claim for payment of compensation for lands which were said to be acquired by the respondents vide notification no. 7341-VIF-92/46-R dated 12th August 1946 (Annexure-2) to the writ petition.
3. The petitioner claim himself to be the grandson of one Thakur Ram Das Ray who was the recorded landlord and whose name is shown at serial nos. 42, 44, 46, 48 and 49 of the said notification, wherein the lands of the villagers enumerated in the notification, have been taken over as private protected forest under the Bihar Private Forest Act, 1946.
4. Counsel for the petitioner submits that the average annual income of the forest derived from the lands taken over under the said notification, are payable as compensation to the landlord and / or to his descendants under section 42 of the Act. However, without expressing any opinion on the merits of the case, in view of the fact that the representations of the petitioner have not yet been responded by the concerned authorities, let the representations of the petitioner be disposed of within a period of four months from the date of receipt of a copy of this order, in accordance with law. If the competent authority thinks it fit to give opportunity of hearing to the petitioner, it is open to him to do so, before passing the order.
This writ petition is accordingly disposed of.
(Aparesh Kumar Singh, J) Ranjeet/