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2021 DIGILAW 702 (JHR)

Abhay Kumar Shroff v. State of Jharkhand

2021-09-03

RAJESH SHANKAR

body2021
ORDER : 1. This case is taken up through video conferencing. 2. Learned counsel for the petitioner submits that deficit court fee has already been filed. 3. In view of the said submission, the defect no.1 is ignored. 4. So far as remaining defects are concerned, the same are also ignored for the present. 5. The present civil miscellaneous petition has been filed for directing the Principal District & Sessions Judge-cum-L.A.R.R. Authority under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 to dispose of L.A. Case no.84 of 2017 (earlier recorded as L.A.R. Case no.49 of 2012-13/08 of 2015). 6. Heard learned counsel for the parties and perused the contents of the petition. 7. The case of the petitioner is that the dispute relating to land acquisition was initially referred by the District Land Acquisition Officer, Deoghar to the Civil Judge (Sr. Division)-II, Deoghar and the same was registered as L.A. Case no.49 of 2012-13/08 of 2015. The said case remained pending before the said Court and subsequently on 3rd June, 2017 the same was transferred to the Principal District & Sessions Judge, Dumka-cum-L.A.R.R. Authority under the Act, 2013. The grievance of the petitioner is that since then the said case is pending and no effective step has been taken by the Authority under the said Act, 2013 for disposal of the same. 8. On perusal of the copy of the order sheet of L.A. Case no.84 of 2017, it transpires that two applications under Order XXII Rule 4 of the Code of Civil Procedure are pending before the said Authority. Thus, it cannot be said that the aforesaid case is not being properly conducted, rather pendency of the same is also attributed to death of some of the claimants of the said case. Moreover, the court work through physical mode also got interrupted for a while due to ongoing Covid-19 pandemic. 9. Nevertheless, since the said acquisition case was initially instituted in the court of Civil Judge (Sr. Division)-II, Deoghar in the year 2015 and on transfer to the Principal District & Sessions Judge, Dumka-cum-L.A.R.R. Authority under the Act, 2013, the same is pending, the said Authority is directed to expedite the hearing of L.A. Case no.84 of 2017 and make endeavour to dispose of same within a period of four months. 10. Division)-II, Deoghar in the year 2015 and on transfer to the Principal District & Sessions Judge, Dumka-cum-L.A.R.R. Authority under the Act, 2013, the same is pending, the said Authority is directed to expedite the hearing of L.A. Case no.84 of 2017 and make endeavour to dispose of same within a period of four months. 10. Learned counsel for the petitioner shall fully co-operate the Principal District & Sessions Judge, Dumka-cum-L.A.R.R. Authority under the Act, 2013 in timely disposal of the said case. 11. This petition is, accordingly, disposed of.