Bindeshwari Prasad, son of late Buxi Janki Prasad v. State of Jharkhand
2018-02-19
ANUBHA RAWAT CHOUDHARY
body2018
DigiLaw.ai
ORDER : Heard, Mr. Rajiv Nandan Prasad, counsel assisted by Mr. Manoj Kumar Sinha, counsel appearing for the petitioner. 2. Heard Mr. Prashant Pallav, counsel appearing for the respondent nos.6 to 9. 3. Heard Mr. Ashutosh Kumar Sinha, JC to SC (Mines) appearing on behalf of the respondent nos.1 to 5. 4. This writ application has been filed by the petitioner for the following reliefs : (a) For issuance of an appropriate writ in the nature of writ of mandamus commanding the respondent authority of National Thermal Power Corporation to pay the compensation amount to the petitioner forthwith as per the recommendation of the Deputy Commissioner, Hazaribag on account of acquisition of the land belonging to the petitioner. (b) For quashing of the letter dated 22.07.2015 (Annexure-10) issued by respondent no.9, whereby the respondent-authority after completion of acquisition proceeding is trying to initiate fresh proceeding, which according to the petitioner is wholly illegal and without jurisdiction. (c) For grant of other consequential relief for which the petitioner is entitled in accordance with law. 5. Counsel for the petitioner submits that the land which has been acquired, belongs to the petitioner and he is in possession of the property. He further submits that the land was earlier measured and there is no requirement of fresh measurement. However, he further submits that in connection with the property in question, Title Suit No.109 of 2014 is still pending before Senior Civil Judge-IV, Hazaribag wherein, the writ petitioner is the defendant and vide order dated 26.05.2015 as contained in Annexure-7, the injunction petition filed by the plaintiff of Title Suit No.109 of 2014 has been dismissed by recording as under: “Therefore, it is held that the plaintiff has got no prima facie case in his favour and balance of convenience is also not lies in his favour, and the plaintiff shall not be put to irreparable loss and injury if the defendant no.1 not be prohibited and injuncted from receiving the compensation amount of the suit properties, hence the injunction petition dated 18.02.2015 filed by the plaintiff is hereby rejected.” 6. The counsel for the petitioner also submits that there has been a dispute in connection with entries in record of right and the order by the revenue authorities has been passed in favour of the petitioner, which has attained finality.
The counsel for the petitioner also submits that there has been a dispute in connection with entries in record of right and the order by the revenue authorities has been passed in favour of the petitioner, which has attained finality. The petitioner submits that the respondent no.9, instead of making payment, issued letter dated 22.07.2015 asking the petitioner to be present on 07.08.2015 at 11.00 a.m. for taking measurement and possession of the land and this letter is not only unwarranted but is wholly without jurisdiction in view of the fact that the measurement of the land has already been done by the Amin of National Thermal Power Corporation namely, Sri Jyoti Sinha in the presence of Sri Rajiv Nandan, the then Deputy General Manager of National Thermal Power Corporation and possession has already been taken and under the payment procedure, the National Thermal Power Corporation had taken Indemnity Bond in Non-Judicial Stamp paper from the petitioner. 7. However, during the course of argument, the learned counsel for the petitioner submits that he has no objection if the measurement is done pursuant to Annexure-10, but he has an apprehension that there may be law and order problem during measurement and accordingly, a Magistrate be deputed. He further submits that after the measurement, the authorities may proceed for payment of compensation in accordance with law. 8. Counsel for the respondent Mr. Prashant Pallav, on the other hand submits that the possession of the properties may be given to the respondent – National Thermal Power Corporation and he has filed an affidavit dated 06.02.2018 bringing on record that the possession of the property is with some other person other than the writ petitioner and he submits that if any direction for payment of compensation is made in favour of the petitioner and the possession is not handed over to National Thermal Power Corporation, the same may cause irreparable loss and injury to the National Thermal Power Corporation 9.
Considering the facts and circumstances of this case, I am not inclined to grant relief to the writ petitioner as prayed for in the writ petition on account of the fact that by the impugned order dated 22.07.2015 as contained in Annexure-10, only a request has been made to the writ petitioner for his presence for the purposes of measurement and handing over possession to the National Thermal Power Corporation and considering the facts that the petitioner has now agreed for measurement, it would be suffice to say that the petitioner should co-operate with the authorities of National Thermal Power Corporation for the purposes of measurement. 10. As far as payment of compensation is concerned, the stage of payment of compensation would come only when the possession is handed over the National Thermal Power Corporation. So far as apprehension of the petitioner regarding law and order problem during measurement is concerned, it is for National Thermal Power Corporation to take care of the same and if required, they may approach the district administration for taking any help in the matter of taking measurement or possession of the property. After the measurement is done, the respondents may proceed for payment of compensation in accordance with law. 11. At this stage, counsel for the petitioner submits that his clients would be present on the spot on 08.03.2018 for the purposes of measurement and counsel for the respondent- National Thermal Power Corporation has no objection for the measurement being done on 08.03.2018. Counsel for the National Thermal Power Corporation, at this stage, submits that if the officers of National Thermal Power Corporation approach the district administration for the purposes of any help then they may be directed to render necessary assistance in the matter. 12. Accordingly, the writ petition is disposed of with a direction upon the respondent-National Thermal Power Corporation to take steps pursuant to the impugned letter dated 22.07.2015 on 08.03.2018 in the presence of the petitioner and the district administration is directed to render the necessary assistance, if required, and as requested by the officers of the National Thermal Power Corporation. 13. The writ petition is disposed of with the aforesaid observations and directions. Petition disposed of.