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2019 DIGILAW 1668 (JHR)

Ramjan Mian v. State Of Jharkhand

2019-09-18

SUJIT NARAYAN PRASAD

body2019
JUDGMENT Sujit Narayan Prasad, J. - This writ petition is under Article 226 of the Constitution of India, whereby and whereunder the direction has been sought for upon the respondents to pay valid and just compensation to the petitioner in lieu of the land having been acquired by the State, appertaining to Khata No.46, Plot No.79, area 0.3 decimal, plot no.2094 area 4 decimal and under plot No.2095 area 15 decimal of land at village Bandkharo, P.S-Suriya, DistGiridih for construction of Rail Line by Indian Railway under the provision of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,2013. 2. It is the grievance of the petitioner which is the subject matter of the present writ petition that the land has been acquired by the State of Jharkhand to be utilized by the Indian Railway but as yet not a single penny has been made on representation filed by the petitioner, therefore, this writ petition. 3. Mr. Atanu Banerjee, Sr. S.C-III for the State as also Mr. Gautam Rakesh, learned counsel for the respondent no.2 has jointly submitted that the writ petition may be disposed of giving liberty to the petitioner to approach before the competent authority of the State of Jharkhand i.e. the Deputy Commissioner, Giridih to consider the claim of the petitioner by taking decision within stipulated period. 4. This Court after having heard learned counsel for the parties and with their consent and without entering into the merit of the matter, the writ petition is disposed of giving liberty to the petitioner to approach before the Deputy Commissioner, Giridih by filing fresh representation along with relevant documents, if any, in support of his claim within four weeks from the date of receipt of copy of the order. 5. The concerned respondent- Deputy Commissioner, Giridih is directed to take decision in accordance with law by passing speaking order within a period of eight weeks from the date of receipt of such representation. 6. Needless to say about genuineness of the admissibility of the claim of the petitioner, the admissible amount shall be paid in favor of the petitioner within further period of four weeks from the date of such decision. 7. However if the amount would be disputed or part thereof, the same shall be communicated to the petitioner by passing speaking order within the period aforesaid.