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2017 DIGILAW 691 (JHR)

Dharmendra Kumar v. State of Jharkhand

2017-04-13

APARESH KUMAR SINGH

body2017
Heard counsel for the petitioner and the State. 2. Petitioner has sought rehabilitation in terms of revised rehabilitation policy, 2003 of Water Resources Department as a displaced and landless person, alleging acquisition of his entire landed property including residential house for the purposes of Batane Jalasaya Pariyojna in the year 1986. He seeks issuance of Vikash Pustika and a Government job; piece of land for residential house with sufficient financial aid and finally, compensation in lieu of 0.44 acre of land which, according to him, has not yet been paid. 3. As per the averments made in the writ petition, father of the petitioner received an amount of Rs. 2,20,000/-in the year 1986 against acquisition of the land measuring 8.06 acres in the village-Dindag, Tola-Dewathi, P.S. Chattarpur, District-Palamau. Petitioner alleges that compensation in lieu of remaining 0.44 acre of land under various khata numbers, was not paid. Thereafter, series of representation have been made for redressal. 4. To cut shot the matter, as per the stand of the Respondent taken in their counter affidavit filed on 04.04.2017, payment of Rs. 16,142.72 paise for house, Rs. 1,85,251.20 paise for seven acre and 97.5 decimal of land and Rs. 1,878.94 paise for 0.08.5 decimal of land, have already been made to the father of the petitioner who was a displaced person. It is further stated that application of the petitioner dated 08.01.2014 was received in the office of Rehabilitation Officer, North Koyal Project, Medninagar (Annexure-A) and after correspondence with the Deputy Commissioner, Palamau cum Chairman, Batane Reservoir Scheme Coordination Committee, his application along with the claim of several other persons have been sent to the Coordination Committee. The Chairman, Batane Reservoir Scheme Coordination Committee cum Deputy Commissioner, Palamau have authorized the Special Land Acquisition Officer, Medninagar as Nodal Officer for declaration of displaced person. A list of persons who were adult at the time of issuance of Notification under section 4 of Land Acquisition Officer, 1894, has been submitted before the Nodal Officer cum Special Land Acquisition Officer, Medninagar through letter dated 18.02.2017 wherein petitioner's name is at serial no. 27. As per the decision of the Coordination Committee, the Rehabilitation Officer will take required step (Annexure-D). 5. 27. As per the decision of the Coordination Committee, the Rehabilitation Officer will take required step (Annexure-D). 5. On consideration of the aforesaid relevant facts pleaded and submissions of the parties, writ petition is disposed of with a direction to the Respondents to take an early decision in the matter of claim of the petitioner as a displaced person under the Revised Rehabilitation Policy, 2003. Dependent upon the decision, Respondents would accord the benefit which accrue therefrom to the petitioner within a reasonable time, preferably within sixteen weeks from the date of receipt of a copy of this order. 6. Writ petition stands disposed of.