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2019 DIGILAW 819 (JHR)

Mosomat Dukhri, Widow of Late Bijay Mal Ram v. State of Jharkhand

2019-04-04

RONGON MUKHOPADHYAY

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ORDER : 1. Heard Mr. Afaque Ahmad, learned counsel for the petitioners and Mr. Jayant Frenklin Toppo, learned S.C. (L&C)-III, for the respondents. 2. The prayer in this writ application is for a direction upon the concerned respondents for payment of adequate compensation for illegal construction of forest building in the raiyati land of the petitioners. 3. It has been submitted by the learned counsel for the petitioners that the Forest Department had constructed a building in the raiyati land of the petitioners and for which the petitioners had approached the Circle Officer, Barhi by filing a miscellaneous case in which on proper appreciation of the documentary evidence a direction was given by the Circle Officer, Barhi for recommending for acquisition of the land so that the petitioners may be suitably compensated. Learned counsel for the petitioners submits that even in the counter affidavit there has not been any vehement denial on the part of the Forest Department regarding the assertion made by the petitioners. 4. Mr. Jayant Frenklin Toppo, learned S.C. (L&C)-III, for the respondents submits while relying on the counter affidavit filed by the respondents that the Forest Department was never aware about the order passed by the Circle Officer and that the Circle Officer was never the competent person for making any observation with respect to the acquisition of the land which the petitioners claim to be belonging to them. He further submits that to ascertain the actual fact it is necessary to conduct a joint survey between the officials of the Revenue Department as well as the Forest Department. Learned standing counsel further submits that the building was constructed in the year 1956 and the dispute has been raised after almost 50 years. He therefore prays for dismissal of the present writ application. 5. The counter affidavit filed by the respondents does indicate that perhaps the respondents were not aware about the fact that an order was passed by the Circle Officer in which the claim of the petitioners seems to have some basis. However, it has been stated therein that a joint survey is required to be undertaken to ascertain the claim of the petitioners. However, it has been stated therein that a joint survey is required to be undertaken to ascertain the claim of the petitioners. Thus from the counter affidavit it appears that the order passed by the Circle Officer or the claim of the petitioners has not yet been properly appreciated and therefore it would be necessary for the Forest Department to consider the claim of the petitioners afresh. This Court is conscious of the fact that an assertion has been made by the Forest Department that the building which the petitioners claim to have come up in their raiyati land was constructed in the year 1956. 6. Be that at it may since it appears that the claim of the petitioners have not been properly addressed by the respondents, this writ application stands disposed of with a direction to the petitioners to prefer a representation before the respondent no.3 giving in details their claims as well as annexing a copy of the order passed by the Circle Officer and if such representation is filed the respondent no. 3 shall consider the same and pass appropriate orders after satisfying himself with respect to the claim of the petitioners and if necessary as has been stated in the counter affidavit shall also make endeavour to carry out a joint survey to ascertain the claim of the petitioners. The exercise indicated above should be completed within a period of 12 weeks' from the date of receipt of representation of the petitioners along with a copy of this order. 7. It goes without saying that if the claim of the petitioners is found to be legal and genuine the respondent no. 3 shall address the same expeditiously. 8. This writ application stands disposed of.