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2021 DIGILAW 1095 (JHR)

Shanti Devi v. National Thermal Power Corporation Limited

2021-12-22

RAJESH SHANKAR

body2021
ORDER : 1. The writ petition is taken up today through Video Conferencing. 2. The present writ petition has been filed for issuance of direction upon the respondents to release 7 decimals (appears to be wrongly stated as 8 decimals) of land, the possession of which according to her has been forcibly taken by the respondents and the same is being used for construction of road without acquiring the same in accordance with law. 3. A counter affidavit has been filed on behalf of the respondents stating that earlier one Jirwa Devi was paid compensation for 12 decimals of land sold by the petitioner to her. Subsequently, on enquiry it was found that Jirwa Devi actually owned 5 decimals of land acquired by the State Government. On notice, Jirwa Devi returned the compensation amount for 7 decimals of land. Thereafter, since the petitioner started creating hindrance towards construction of road over the said land, the respondent-NTPC issued letter no. 043/R&R/581 dated 13.01.2017 to the Circle Officer, Tandwa to resolve the dispute. Thereafter, the notice was issued to the petitioner to submit her land documents to the Circle Officer, Tandwa for receiving compensation for 7 decimals of land. 4. Mr. Prashant Pallav, learned counsel for the respondents while referring to paragraph-11 of the counter affidavit, submits that the respondents are willing to make payment for acquisition of 7 decimals of land to the petitioner, subject to submission of relevant documents by her, however, the petitioner appears to be not interested to resolve the dispute amicably and accordingly, she did not submit the required documents before the Circle Officer, Tandwa and continued with the protest. 5. Heard learned counsel for the parties and perused the relevant documents available on record. It appears from the stand taken by the respondent-NTPC in its counter affidavit that earlier one Jirwa Devi was paid compensation for acquisition of 12 decimals of land sold to her by the petitioner. Subsequently, it came to light that Jirwa Devi was entitled to receive compensation for only 5 decimals of land and the petitioner was in fact entitled for receiving compensation for rest 7 decimals of land. The respondent-NTPC is ready and willing to pay the amount of compensation to the said extent to the petitioner. Subsequently, it came to light that Jirwa Devi was entitled to receive compensation for only 5 decimals of land and the petitioner was in fact entitled for receiving compensation for rest 7 decimals of land. The respondent-NTPC is ready and willing to pay the amount of compensation to the said extent to the petitioner. However, as per the stand of the respondent-NTPC, the petitioner is not interested to receive the compensation amount for acquisition of the said part of land, rather she has been protesting the same and putting hindrance in construction of road over the said land. 6. In considered view of the Court, since Jirwa Devi has already received the compensation for 5 decimals of land out of total 12 decimals of land acquired by the State Government for the purpose of NTPC, there is no justification on the part of the petitioner in not receiving the compensation for rest 7 decimals of land. 7. Accordingly, the petitioner’s prayer for directing the respondents to release 7 decimals (appears to be wrongly stated as 8 decimals) of land in her favour is not worth consideration. The petitioner is, however, at liberty to receive compensation for 7 decimals of land on submission of relevant documents before the Circle Officer, Tandwa. If the petitioner submits all the required documents before the said authority, the respondent-NTPC shall release the compensation amount to the said extent in favour of the petitioner within one month thereafter. 8. The writ petition is accordingly disposed of with aforesaid observation and direction.