Jharkhand High Court
Sujata Devi vs State Of Jharkhand on 24 September, 2024
Author: Rajesh Kumar
Bench: Rajesh Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Writ Jurisdiction)
W.P. (C) No.4407 of 2021
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1. Sujata Devi, aged about 30 years, wife of Vinod Sah and daughter of Mahendra Sah
2. Putul Devi, aged about 38 years, wife of Manikant Sah and daughter of Mahendra Sah Both residents of Village - Rupiyama, P.O. + P.S. - Godda (Town), Sub Division & District - Godda. .... .... Petitioner(s) Versus
1. State of Jharkhand.
2. Deputy Commissioner, Godda, P.O. + P.S. & District-Godda.
3. District Land Acquisition, Godda, P.O. + P.S. & District-Godda.
4. Additional Collector, Godda, P.O. + P.S. & District-Godda.
5. Circle Officer, Godda, P.O. + P.S. & District-Godda.
6. (a) Ahilya Devi wife of Late Mehendra Sah.
6. (b) Pankaj Sah, son of Late Mahendra Sah.
6. (c) Nilam Devi Wife of Sikandar Sah, D/o Late Mahendra Sah All residents of village-Repiyama, P.O.-Godda, P.S.-Godda (Town), Sub- Division & District - Godda. .... .... Respondent(s)
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Petitioner(s) : Mr. Sudhir Kr. Sharma, Adv.
Mr. Shashi Shekhar Dwivedi, Adv.
For the Respondent(s) : Mr. Shashank Saurav, Adv.
Mr. S.K. Vishwakarma, Adv.
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16/Dated: 24th September, 2024
1. The present writ petition has been filed for the following reliefs:-
"(1) For issuance of appropriate writ, order or direction or a writ in the nature of certiorari for quashing the order passed by the District Land Acquisition Officer, Godda (Respondent No. 3) in Misc. Case No. 84/2015-16-2020-21, certified copy of the order received on 29.9.2021 (Annexure-11) whereby Land Acquisition Officer, (Respondent No. 3) has dismissed application/objection filed by the petitioners dated 19.8.2021 (Annexure-11) whereby petitioners' have prayed for payment of compensation amount for land in question, on ground of being daughters of that Mahendra Sah (Respondent No. 6) under Hindu Succession Act, without assigning any reason and has refused to consider the petitioners as the 'person interested' and allocate any compensation for their share in land appertaining to Jamabandi No. 11, Dag No. 262, 315, 384 and 414, measuring an area 0.1725 acres under Mouza Rupiyama, Anchal & District Godda, which has been acquired for construction of Hansdida to Godda, New B.G. Railway Line, & has sent the case records showing name of only Mahendra Sah (Respondent No.6) as the 'person interested' for the purpose of preparation of award and payment of compensation for the land in question, on the basis of declaration dated 16/7/2021 u/s 19 (1) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
AND (II) For issuance of appropriate writ, order or direction or a writ in the nature of Mandamus commanding upon the respondents to prepare award for the land in question including the name of the petitioners along with respondent no. 6, which has been acquired for construction of Hansdida to Godda, New B.G. Railway Line:
AND (III) For issuance of a appropriate writ, order or direction commanding upon the respondents not to disburse the compensation amount computed, if any, in the name of Mahendra Sah to the Respondent No. 6;
AND/OR (IV) Be pleased to pass such other order/orders as Your Lordships may deem fit and proper in the facts and circumstances of the case."
2. The description of land is as follows:-
"Mouza Rupiyama Jamabandi No.11 Plot no.262, 315, 382, 384, 414 measuring an area of 0.1725 acres Anchal & District Godda"
3. It appears that the land in question has been subjected to acquisition for the purpose of Hansdiha-Godda Railway Line and accordingly the award has been prepared. The petitioners and the private respondents are family members. Now, the issue of apportionment has been raised before this Court by filing the present writ petition. For this purpose special provision under Section-76 has been given in the created in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
4. In view of the specific provision, the present writ petition is hereby disposed of giving liberty to the petitioners raise the issue before the District Land Acquisition Officer, Godda and if any such issue is raised, the Land Acquisition Officer is directed to refer the matter for proper adjudication under Section 76 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
5. With the above observation and direction, the present writ petition stands disposed of.
(Rajesh Kumar, J.) Amar/-
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