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2017 DIGILAW 540 (JHR)

Sadhan Kumar Mandal v. State Of Jharkhand

2017-03-20

APARESH KUMAR SINGH

body2017
JUDGMENT Aparesh Kumar Singh, J. – Heard learned counsel for the petitioner, Respondent State and the BCCL. 2. In respect of an acquisition made in terms of notification no. 1145/28-86 for acquisition of land at Mouza Palanai, Mouza No.40, P.S. Baliapur(Jharia), District Dhanbad for the purpose of Respondent Bharat Coking Coal Limited, Dhanbad, petitioners claiming themselves to be the heir of the recorded tenant of the said Mouza contend that neither the acquired land has been taken possession of nor being used. They have accordingly made prayer for de-acquisition under Section 48 of the Land Acquisition Act, 1894. Relevant supporting documents relating to the acquisition however are lacking. 3. Learned counsel for the petitioners now contends that in view of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 having come into force w.e.f. 1.1.2014, under Section 24 thereof, the acquisition itself may have lapsed. Petitioners have also approached the Deputy Commissioner, Dhanbad earlier but without any redress. 4. Learned counsel for the Respondent State and BCCL submit that no such material has been brought on record in support of the contention that land acquired in the year 1986 have not been taken possession of till date. These are questions of facts which could have been ascertained from the record of the land acquisition proceedings. At this stage petitioners may however be relegated to pursue their representation before the Deputy Commissioner, Dhanbad who may get it inquired from the concerned Land Acquisition Office including that of Respondent BCCL. 5. Considered the submission of the parties in the light of relevant facts noted herein above. At this stage this Court is inclined to dispose of the writ petition without commenting upon the merits of the case with liberty to the petitioner to approach the Deputy Commissioner, Dhanbad, Respondent no.3 with all supporting facts and documents in respect of the instant grievance. The competent authority/Respondent no.3, Deputy Commissioner, Dhanbad would examine the contention of the petitioner in the eye of law and on verification of relevant records take a decision in the matter within a reasonable time, if necessary after hearing the parties. 6. The writ petition stands disposed of accordingly.