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2011 DIGILAW 208 (JHR)

Mrinal Kanti Chatterjee v. Damodar Valley Corporation

2011-03-16

RAKESH RANJAN PRASAD

body2011
JUDGMENT R.R. Prasad, J. 1. Learned Counsel appearing for the Petitioner is permitted to implead District Land Acquisition Officer, Ramgarh as party Respondent No. 8. 2. Heard learned Counsel appearing for the Petitioner, learned Counsel appearing for the D.V.C and learned Counsel appearing for the State. 3. Learned Counsel appearing for the Petitioner submits that a piece of land measuring an area of 1.24 acre appertaining to Plot No. 48 under Khata No. 31 situated at Mouza-Naisarai and some other pieces of land measuring an area of 3 acre appertaining to Plot Nos. 377, 378, 380, 388, 389, 390, 391, 392, 393 and 396 under Khata No. 17 situated at Mouza-Jageshwar in the district of Ramgarh to which original Petitioner-Kamla Devi was the owner of the land, were acquired by the State for Damodar Valley Corporation in the year 2000 but when the compensation was not given to the original Petitioner-Kamla Devi, she filed this writ application before this Court but during the pendency of this writ application, she died and therefore, the only son being heir and legal representative of her was substituted who has been persuing this application. 4. A counter affidavit has been filed on behalf of Damodar Valley Corporation wherein statement has been made that the total amount of compensation has already been deposited with the District Land Acquisition Officer, Hazaribagh but the same as per the statement made in the counter affidavit filed on behalf of the District Land Acquisition Officer, Hazaribagh (Respondent No. 6) has not been paid to the Petitioner for the reason that the Petitioner had never appeared in L.A case No. 17 of 1998, in spite of notice being given to him. 5. Reply to the counter affidavit has been filed on behalf of the Petitioner wherein it has been stated that in response to notice dated 13.8.2004 (Annexure 8) received, the Petitioner did appear before the Land Acquisition Officer, Hazaribagh on 3.9.2004 and as per instruction, he deposited all the relevant documents relating to the ownership of the land, vide Annexure 9 and even an affidavit was filed before the Land Acquisition Officer, Hazaribagh. In spite of that the Petitioner has still not been paid the compensation amount. 6. In spite of that the Petitioner has still not been paid the compensation amount. 6. As the matter seems to have become quite old, it would be proper and reasonable to ask the Petitioner to make a representation before the Land Acquisition Officer, Ramgarh along with all the relevant documents relating to right, title and interest over the land which were acquired within a period of three weeks from today along with a copy of this order and the Land Acquisition Officer, Ramgarh, Respondent No. 8 shall be taking decision in the matter of payment of compensation as well as interest payable in terms of the provision of the Act of the lands acquired by the State for Damodar Valley Corporation within a period of six weeks thereafter. 7. With the aforesaid direction/observation, this writ application is disposed of.