Jharkhand High Court
Upendra Nath Mahato vs The State Of Jharkhand Through The Chief ... on 11 July, 2024
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No. 1065 of 2022
Upendra Nath Mahato ... Petitioner
-Versus-
1. The State of Jharkhand through the Chief Secretary, Government of
Jharkhand, Ranchi
2. The Principal Secretary, Department of Revenue and Land Reforms,
Government of Jharkhand, Ranchi
3. The District Land Acquisition Officer, Bokaro
4. The Deputy Commissioner, Bokaro
5. The Circle Officer, Chas, District- Bokaro
6. South East Railway through its General Manager, Kolkata, West Bengal
7. The Divisional Railway Manager, South East Railway, Purulia, West
Bengal
8. The Assistant Executive Engineer (Con.), Bokaro, South East Railway,
Balidih, Bokaro ... Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner : Mr. Baibhaw Gahlaut, Advocate
For the State : Mr. Manoj Kumar, G.A.-III
Mr. Aditya Raman, A.C. to G.A.-III
For the Railway : Mr. Ravi Prakash, C.G.C.
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10/11.07.2024 Heard Mr. Baibhaw Gahlaut, learned counsel for the petitioner,
Mr. Manoj Kumar, learned counsel for the respondent-State and Mr. Ravi Prakash, learned counsel for the respondent-Railway.
2. The prayer in the petition is made for direction upon the respondents to prepare an award and thereafter make payment of compensation for land bearing Khata no.80, Plot no.1549, Rakba 0.432 acres and land bearing Khata no.114, Plot no.1550, Rakba 0.392 acres in Mauza Bhuiyadwarika, Thana no.66, Circle- Chas, District- Bokaro, Jharkhand, which was acquired for construction of railway line under Talgoriya-Bokaro Railway Double Line project along with interest @ 15% from the date of acquisition and other consequential benefits. The prayer is also made for direction upon the -1- W.P. (C) No. 1065 of 2022 respondents to pay damages to the petitioner for illegal use and occupation of the aforesaid land.
3. Learned counsel for the petitioner submits that the petitioner is the successor in interest of the aforesaid land. He submits that the land bearing Khata No.80, Plot No.1549 in Mauza Bhuiyadwarika, Thana no.66, Circle Chas, Bokaro was recorded as Gair Abad Malik in the name of landlord Abhimunyu Chouby and Bistu Prasad and the land bearing Khata no.114, Plot no.1550 in Mauza Bhuiyadwarika, Thana no.66, Circle Chas, Bokaro was recorded as Gair Abad Malik in the name of landlord Baneshwar Mahato. He submits that by way of two separate Jot Pattas, the aforesaid plots of land were settled in the name of late Bihari Mahato (grandfather of the petitioner) for consideration and after abolition of zamindari by the Government, jamabandi of the aforesaid plot was created in the name of late Bihari Mahato. According to him, jamabandi of the land bearing Khata No.80, Plot No.1549, Rakba 6 acres in Mauza Bhuiyadwarika, Thana no.66, Circle Chas, Bokaro is presently entered in the name of late Niranjan Mahato (father of the petitioner) in Volume 3, page no.251 and jamabandi of the land bearing Khata No.114, Plot No.1550, Rakba 3 acres 69 decimals in Mauza Bhuiyadwarika, Thana no.66, Circle Chas, Bokaro is presently in the name of late Bihari Mahato (grandfather of the petitioner) in Volume 3, page no.83. He further submits that for construction of raliway line under Talgoriya-Bokaro Railway Double Line project, measurement and survey of land was done and report for the same was also prepared, which was signed on 20.11.2021. Pursuant to that, the said land was acquired and -2- W.P. (C) No. 1065 of 2022 project of railway is complete and in spite of that, the petitioner has not been paid any compensation although the petitioner is the raiyat of the plot in question.
4. Learned counsel for the respondent-State submits that there is Committee as per the circular of the Government of Jharkhand to examine such type of grievances and the petitioner may file a representation before that Committee and the Committee will take a decision, in accordance with law.
5. Learned counsel for the respondent-Railway submits that once the decision will be communicated by the State, the Railway will follow the instruction.
6. In view of the above submission of the learned counsel for the parties, it is clear that acquisition of land is not in dispute and the nature of the land is in dispute upon which the petitioner is claiming to get the amount of compensation by virtue of the fact that he is residing there for the last 30 years and having name of grandfather and father of the petitioner entered in Register II as well as in Khatian.
7. In view of the above facts, this writ petition is being disposed of with direction to the petitioner to file a representation for disbursement of the amount of compensation before the said Committee within a period of two weeks and if such representation is filed, the Committee will take a decision on that representation, in accordance with law within a period of four weeks from the date of receipt/production of such representation.
-3- W.P. (C) No. 1065 of 2022
8. It goes without saying that if the decision is taken in favour of the petitioner, the fruit of that decision will be provided to the petitioner within further period of four weeks thereafter.
9. Accordingly, this petition is disposed of.
(Sanjay Kumar Dwivedi, J.) Ajay/ -4- W.P. (C) No. 1065 of 2022