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2018 DIGILAW 755 (JHR)

Raj Ballabh Singh v. State Of Jharkhand

2018-04-04

ANUBHA RAWAT CHOUDHARY

body2018
JUDGMENT Anubha Rawat Choudhary, J. – Heard Mr. Ajit Kumar, learned counsel appearing on behalf of petitioner and learned counsel Ms. Shrestha Mehta appearing on behalf of respondents. 2. Learned counsel for the petitioner submits that this writ petition has been filed seeking mandamus commanding upon the respondents to pay the amount of compensation under the provision of National Highways Act, 1956 considering the area of acquisition, damages and other factors with interest @ 18% per annum over and above the statutory interest within a specified period. 3. He submits that supplementary counter affidavit dated 19.03.2018 has been filed by the respondents wherein it has been mentioned that as per the report of Circle Officer, Ormanjhi vide letter No.184(ii) dated 16.03.2018, it is found that petitioner''s name has been recorded at Volume No. II, Page-51 measuring area 8 decimals under R.S. Plot No.135, Khata No.4, village Dardag out of which as per the report of the Amin only 0.02 land of the petitioner has been acquired and it has also been mentioned that the respondent is ready to make payment after proper scrutiny of the petitioner and on execution of the required documents produced which may be produced by the petitioner. 4. Learned counsel for the parties submit that the petitioner may approach the District Land Acquisition Officer, Ranchi for the purpose of taking payment and the said authority be directed to make payment after completing all the formalities within a stipulated time frame. The counsel for the respondents submits that if the petitioner approaches the District Land Acquisition Officer, Ranchi, necessary steps will be taken and the payment will be made to the petitioner upon proper scrutiny and on execution of required documents. 5. Considering the facts and circumstances of this case and on considering the fact that the District Land Acquisition Officer, Ranchi has filed an affidavit himself that the amount of compensation is to be paid to the petitioner after proper scrutiny and on execution of required documents, the matter is remitted to the District Land Acquisition Officer, Ranchi before whom the petitioner may file a representation along with a copy of this order and all the necessary documents to disclose his identity and upon this, the District Land Acquisition Officer, Ranchi shall pass final order in connection with the claim of the petitioner within a period of four weeks thereafter. 6. 6. With the aforesaid observation and direction, this writ petition is disposed of. 7. It is made clear that this court has not entered into the merits of the matter.