Bharat Chandra Sharma, Son Of Late Ram Yash Sharma v. State Of Jharkhand Through Its Chief Secretary
2019-04-30
SUJIT NARAYAN PRASAD
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DigiLaw.ai
JUDGMENT Sujit Narayan Prasad, J. - This writ petition has been filed under Article 226 of the Constitution of India whereby and whereunder direction has been sought for upon the respondent to determine and pay the compensation amount in favour of the petitioner in respect of the residential house standing on the Raiyati land being portion of Plot No.2462 under Khata No.148 in Mouza-Kalapathar measuring an area of 18 decimals it belongs to the petitioner. 2. It is the case of the petitioner that he is having title over the land in question and living since long therein and also paying rent to the Government in lieu thereof the rent receipts are being received which has been annexed to the writ petition but the land has been acquired by the State Government for its use of widening of NH-32 without paying compensation, hence the instant writ petition. 3. It is the case of the petitioner that even accepting what has been contended by the respondents that nature of land is "Gair Abad Land" by taking care of such circumstances the Government has formulated a scheme as contained under Khata No.314 dated 14.05.2009 through the Revenue and Land Reforms Department, State of Jharkhand and circular issued on 12.02.2015 (Annexure-9) which speaks that such persons whose names are referred in register-2 and Jamabandi is continuing since last 30 years, they will also be entitled to the payment of compensation but even then the case of the petitioner has not been considered in the light of the said circulars, therefore, an appropriate direction may be passed upon the concerned authority to consider the claim of the petitioner in the light of the aforesaid circulars. 4. Ms. Sweta Singh, learned S.C. (L&C)-II, has submitted that the petitioner has not ventilated his grievance before the competent authority in the light of the aforesaid circulars as contained under Annexure-8 dated 12.02.2015 and without approaching the authority, the writ petition has been filed and therefore, the authority needs to consider it, if the petitioner will approach before the concerned authority. 5. Mrs. Sweety Topno, learned counsel appearing for the National Highways Authority, has submitted that the said circular has been issued by the State government, therefore, the consideration is to be made by the competent authority of the State Government. 6.
5. Mrs. Sweety Topno, learned counsel appearing for the National Highways Authority, has submitted that the said circular has been issued by the State government, therefore, the consideration is to be made by the competent authority of the State Government. 6. Having heard the learned counsel for the parties and on appreciation of their rival submissions, the fact about the non-payment of compensation has been brought to the notice of this Court for which the direction has been sought for. 7. Learned counsel for the petitioner in course of argument has submitted by taking aid of the circular dated 14.05.2009 and 12.02.2015 as contained under Annexure-8 and 9 respectively for consideration of the claim for non-payment of compensation even accepting the plea by the State-authority that the measure of land is "Gair Abad Land" it transpires that the petitioner has not approached to the authority for availing his grievance based upon the Government decision as contained under Circular dated 14.05.2009 and 12.02.2015 therefore, this Court refrains itself at this stage in exercising the extraordinary jurisdiction as conferred under Article 226 of the Constitution of India. 8. However, it is open to the petitioner to approach before the Deputy Commissioner, Bokaro to ventilate his grievance in pursuance to the letter dated 14.05.2009 and 12.02.2015 as contained under Annexure-8 and 9 respectively along with the other supported documents, if any, within four weeks from the date of receipt of copy of this order. 9. The concerned authority is directed to take decision in accordance with law by going through the relevant records, if submitted by the petitioner and considering the applicability of the aforesaid letter dated 14.05.2009 and 12.02.2015 as contained under Annexure-8 and 9 respectively to the writ petition by taking decision with speaking order within three weeks from the date of receipt of its representation. 10. In view thereof, this writ petition is accordingly, disposed of.