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Jharkhand High Court · body

2019 DIGILAW 872 (JHR)

Nunu Yadav v. State of Jharkhand

2019-04-12

SUJIT NARAYAN PRASAD

body2019
JUDGMENT : This writ petition is under Article 226 of the Constitution of India whereby and whereunder the petitioner has not been paid the amount of compensation as per the award passed by the Land Acquisition Officer in L.R. Case No.38 of 2003,, 39 of 2003, 40 of 2003 and 41 of 2003 and Award dated 05.02.2018 under Section 18 of Land Acquisition Act 1894. 2. It is the case of the petitioner that the beneficiary of the land acquired in the Railways, who has already deposited the money before the Land Acquisition Officer but as yet the monetary benefit has not been disbursed, therefore, this writ petition. 3. Ms. Shweta Singh, A.C to S.C (L & C) has submitted that the authority may be directed to scrutinize the relevant record in order to look into the entitlement of the petitioners. 4. Having heard learned counsel for the parties and with the consent thereof and without entering into the claim of the petitioner the writ petition is disposed of, giving liberty to the petitioner to approach before the Deputy Commissioner, Koderma (respondent no.2) by individual representation along with details of such award and other documents in support of claim for the satisfaction of the concerned authority within three weeks from the date of receipt of copy of the order. 5. The concerned authority, after scrutinizing the relevant documents by calling upon it from the Land Acquisition Officer, Koderma, will take decision in the matter within a period of twelve weeks from the date of receipt of copy of the order. 6. Accordingly, the writ petition stands disposed of. 7. Needless to say that, if the claim of the petitioner will be found to be genuine, the monetary benefit shall be disbursed in favour of one or the other petitioner within a period of four weeks from the date of such decision, however, if the claim of the petitioner would be rejected on any grounds whatsoever, the same shall be communicated to individual petitioner by passing speaking order within the period aforesaid.