Budh Nath Sai, S/o Late Lagun Sai v. State of Jharkhand
2019-03-11
RONGON MUKHOPADHYAY
body2019
DigiLaw.ai
ORDER : I.A. No. 3013 of 2007 1. No one appear on behalf of the petitioners. However, Mr. Sanjeev Thakur, learned S.C. (L&C)-I, for the respondents is present. 2. This application has been preferred by the petitioners for substitution of the petitioner no. 1 by his legal heir who had died in the month of May, 2007. 3. In view of the averments made in the instant application the same is allowed and the petitioner no. 1 is substituted by his legal heir his wife namely Fulmani Devi. 4. Office is directed to do the needful. 5. This application stands disposed of. W.P.(C) No. 5068 of 2005 6. This writ application has been preferred by the petitioners for a direction upon the respondents to pay compensation for the land acquired under Khata Nos. 158 & 159, which have been submerged in Bangaon Medium Irrigation Dam, Kurdeg, District-Gumla or in the alternative to make available 1.98 acres, 1.72 acres, 0.66 acres, 0.59 acres and 0.67 acres for fertile and agricultural land to the petitioners in the vicinity. 7. Earlier on 03.07.2012 when this matter was taken up none had appeared on behalf of the petitioners although a counter affidavit was already filed by the respondents which was considered and the following order was passed: “Respondents have appeared and filed their counter affidavit in February, 2010 wherein at para-6 it has been stated that the amount of compensation to be paid to the awardees with respect to the land acquired from them from Bandhgaon Medium Irrigation Dam has already been paid to the Land Acquisition Officer, Simdega for disbursement among the petitioners. It is further stated that notices were issued to the concerned parties, however petitioners did not produce the khatian and other relevant documents nor provided genealogical table before the District Land Acquisition Officer, Simdega to support their claim with respect to the plots over which they are seeking compensation. Thereafter, petitioner after December, 2004 never appeared to claim their compensation and the matter is still pending. Further the aforesaid statements made in the counter affidavit has not been denied by the petitioners. However, by giving one more indulgence to the petitioner, let this matter be adjourned to be listed in the next week.” 8.
Thereafter, petitioner after December, 2004 never appeared to claim their compensation and the matter is still pending. Further the aforesaid statements made in the counter affidavit has not been denied by the petitioners. However, by giving one more indulgence to the petitioner, let this matter be adjourned to be listed in the next week.” 8. The counter affidavit filed on behalf of the respondents is very specific to the effect that twice notice was served upon the petitioners and lastly on 07.12.2004 notice was issued to the petitioner no. 1 to appear before the District Land Acquisition Officer, Simdega on 11.12.2004 with his documents with respect to the land in question for verification. The petitioner although appeared but never produced the Khatiyan or other relevant documents nor produced the genealogical table which supports his claim and therefore the claim with respect to the Plot in question could not be verified. It has further been stated in the counter affidavit that the petitioners never appeared subsequently to claim compensation and the matter is still pending. 9. The contention made in the counter affidavit has not been denied by the petitioners by filing any reply. It therefore appears that the petitioners themselves could not produce the required documents which would be supportive of the fact that their lands had indeed been acquired by the Government for setting up of Bangaon Medium Irrigation Dam. 10. In view of the aforesaid facts, therefore, I am not inclined to entertain this writ application, which accordingly stands dismissed.