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2019 DIGILAW 175 (JHR)

Sobhanti Devi, Wife Of Sukhdeo Swarnkar v. State Of Jharkhand

2019-01-17

SUJIT NARAYAN PRASAD

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JUDGMENT Sujit Narayan Prasad, J. - Mr. Vijay Kant Dubey, learned associate counsel of S.C.(L&C) for the respondent-State has sought leave of this Court to allow him to file counter-affidavit. 2. The counter-affidavit has been filed, which has been taken on record and the same has also been served upon the other side. 3. The issue involved in these two writ petitions for disbursement the share of the amount of compensation pertaining to acquisition of land in L.A. Case No.326 of 2013-14. 4. It has been submitted by Mr. Indrajit Sinha, learned counsel appearing for the petitioner in W.P.(C) No.5660 of 2018 that there is no dispute with respect to quantum of the amount of compensation, but only because of inter party dispute with respect to the quantum of share between the petitioners and the respondent Nos.4 to 16 of W. P.(C) No.130 of 2017, the aforesaid amount of compensation has not been disbursed in favour of the petitioner of W.P.(C) No.5660 of 2018. 5. It has been submitted by Mr. R. N. Sahay, learned senior counsel appearing for the petitioners in W.P.(C) No.130 of 2017 by referring to the I.A. No.417 of 2019, copy of which, has been served upon learned counsel for the respondent nos.4 to 16 in between them a joint compromise is entered into, between them. 6. Respondent nos. 4 to 16 has been represented by Ms. Abha Verma, who has not disputed the contents, mentioned in the I.A. No.417 of 2019. 7. In view of such decision, learned counsel for the parties have submitted that both the writ petitions may be disposed of with a direction to represent before the District Land Acquisition Officer, Koderma to a proceeding with respect to disbursement of the proportionate amount in favour of the land loosers. 8. In view thereof, both the writ petitions are disposed of directing the parties to approach before the District Land Acquisition Officer, Koderma within three weeks from date of receipt of a copy alongwith the copy of the joint compromise petition, to be filed in the form of appropriate affidavit and the District Land Acquisition Officer, Koderma will scrutinize the same and after scrutinizing the record of L.A. Case No. 326 of 2013-14, and on being satisfied with respect to the claim as also the identity, the compensation amount be disbursed in accordance with law. 9. 9. The District Land Acquisition Officer, Koderma will also consider the notice dated 06.08.2016, as contained in Annexure-3 to W.P.(C) No.130 of 2017. 10. The District Land Acquisition Officer, Koderma is directed to complete the entire exercise within period of three months from the date of receipt of copy of this order. 11. Accordingly, both the writ petitions stand disposed of. 12. In view of the final order, I.A. No.417 of 2019 in W.P.(C) No.130 of 2017 also stands disposed of.