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2018 DIGILAW 670 (JHR)

Triveni Mahto D/o Sri Sidam Mahto v. State of Jharkhand

2018-03-22

ANUBHA RAWAT CHOUDHARY

body2018
ORDER : Heard Mr. Rahul Kamlesh, counsel appearing for the petitioner. 2. Heard Mr. Manoj Kumar No.3, counsel appearing on behalf of the respondents. 3. This writ petition has been filed for the following reliefs: (a) For a direction upon the respondents to forthwith, issue Rehabilitated Family Development Booklet (Punarwasit Parivar Vikash Pustika) to the petitioner, which is provided to the land losers/ their successors/legal heirs etc. under Suwarnrekha Project, Chandil, Distt.- Saraikela-Kharsawan as the petitioner’s father’s land measuring about 20 acres and his residential houses were acquired by the Government for the Chandil Reservoir under the Suwarnrekha Project in the year, 1986 and she being the legal heir of her father has filed representation before the respondent no.5-Deputy Commissioner, Saraikela-Kharsawan, which is still pending. (b) For a direction upon the respondents to decide the representation of the petitioner forthwith and extend the benefits (monetary as well as other benefits) to the petitioner as per policy of the Government in this regard. 4. Counsel for the petitioner submits that about 20 acres of land pertaining to the petitioner’s paternal property has been acquired by the State Government (in un-divided Bihar) under Suwarnarekha Project for Chandil Reservoir along with the residential houses of the petitioner. It is further submitted that the father of the petitioner also received compensation for the acquisition of the said land accompanied with residential houses by the State Government. 5. Counsel for the petitioner further submits that the petitioner falls under the category of a displaced person of Suwarnrekha Project in terms with the resolution issued by the State Government through Department of Water Resources dated 30.09.2003 as her entire paternal property including the residential houses have been acquired. The petitioner being a displaced person is entitled to get the benefits of the rehabilitation policy including issuance of Rehabilitation Family Development Booklet (Punarwasit Parivar Vikash Pustika) in her favour. The petitioner has also approached the concerned respondents for issuance of Rehabilitation Family Development Booklet (Punarwasit Parivar Vikash Pustika), however till date, no decision has been taken in this regard. 6. The petitioner has also approached the concerned respondents for issuance of Rehabilitation Family Development Booklet (Punarwasit Parivar Vikash Pustika), however till date, no decision has been taken in this regard. 6. Counsel for the respondent-State submits that the issuance of Rehabilitation Family Development Booklet (Punarwasit Parivar Vikash Pustika) requires determination of factual details and if the petitioner files a fresh representation before the respondent no.6-Rehabilitation Officer, Suwarnrekha Project, Chandil, P.O. & P.S. Chandil, District- Saraikela-Kharsawan annexing the factual details in support of her claim appropriate order will be passed. 7. After hearing the counsel for the parties and after considering the facts and circumstances of this case the writ petition is disposed of with a liberty to the petitioner to file a fresh representation before the respondent no.6-Rehabilitation Officer, Suwarnrekha Project, Chandil, P.O. & P.S. Chandil, District-Saraikela-Kharsawan annexing the factual details in support of her claim and the said authority is directed to verify the said details and pass a reasoned and speaking order within a period of 10 weeks from the date of receipt of the representation of the petitioner along with a copy of this order. If the respondent no.6-Rehabilitation Officer, Suwarnrekha Project, Chandil, P.O. & P.S. Chandil, District-Saraikela-Kharsawan finds that the petitioner is actually a displaced person and she is entitled to get Rehabilitation Family Development Booklet (Punarwasit Parivar Vikash Pustika), the same is directed to be issued to her within a period of three weeks thereafter. 8. This writ petition is disposed of with the aforesaid observations and directions. Petition disposed of.