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2021 DIGILAW 501 (JHR)

Jharkhand/Jamshedpur Animal Welfare Society v. State of Jharkhand through the Chief Secretary, Project Building, Dhurwa, Ranchi

2021-07-08

RAJESH SHANKAR

body2021
ORDER : This case is taken up through video conferencing. The petitioner, who claims itself to be a society and is engaged in the field of welfare of animals and protecting their rights, has filed the present writ petition for issuance of direction upon the respondents to settle/allot land, situated at Jamshedpur, in its favour at nominal cost for the welfare of animals. Heard learned counsel for the parties and perused the contents of the writ petition. The petitioner had earlier moved this Court by filing a writ petition, being W.P.(C) No.3690 of 2002, against the decision of the Deputy Commissioner, Jamshedpur, who had refused to allot suitable land to it for the purpose of erecting animal shelter and animal hospital. The said writ petition was disposed of vide order dated 24th February, 2003, directing the Deputy Commissioner, Jamshedpur to take a suitable decision in accordance with law within a period of three months from the date of receipt/production of a copy of the said order. Thereafter, the petitioner filed Cont. Case (Civil) no.573 of 2003, which was disposed of vide order dated 6th January, 2006 with an observation that the Court was not inclined to proceed further in the said contempt case. Subsequently, the petitioner filed another writ petition, being W.P.(C) No.1967 of 2009, for issuance of direction upon the respondents to allot land of Mouza Bhuridih, Nichindpur, measuring an area of 2 acres, appertaining to Khata no.142, plot no.487 for the purpose of construction of shelter so as to provide medical aid to destitute and injured animals. The said writ petition was disposed of vide order dated 18th July, 2012, directing the Deputy Commissioner, Jamshedpur to consider the petitioner’s representation and pass appropriate order in accordance with law within a period of three months from the date of receipt/production of a copy of the said order. Thereafter, vide letter no.391 dated 17th February, 2016, the land of Mouza Bhuridih, pertaining to Khata no.142, plot no.487, Thana no.1178, measuring an area of 2.00 acres was proposed to be settled in favour of the petitioner on lease subject to payment Salami (80% of cost of the land) i.e. Rs.47,90,400/-. The grievance of the petitioner is that the cost of the said land and the amount of Salami are too high and exorbitant and it is not in position to pay the said amount to the Government. The grievance of the petitioner is that the cost of the said land and the amount of Salami are too high and exorbitant and it is not in position to pay the said amount to the Government. Learned counsel for the petitioner has, however, not produced any policy before this Court under which the land could have been settled to it on payment of a meagre/notional amount. Except annexing few letters issued by the Joint Secretary and Deputy Secretary, Ministry of Social Justice and Empowerment, Government of India, New Delhi in the year 1999, 2000 and 2001, the petitioner has not brought on record any such scheme of the Central Government or the State Government for settlement of land to a society/person for the purpose of animal welfare. Since letter dated 17th February, 2016 has already been issued in favour of the petitioner intending to settle the land on lease subject to payment of Salami, I see no reason to pass any further order on the present issue. It is, however, open to the petitioner to accept the terms of lease as mentioned in the letter dated 17th February, 2016, if the said land has not yet been transferred in favour of any other person. The writ petition is, accordingly, dismissed.