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2022 DIGILAW 598 (JHR)

Mantu Kumar Mahto v. State of Jharkhand

2022-06-06

RAJESH SHANKAR

body2022
ORDER : 1. The present writ petition has been filed for issuance of direction upon the respondents to pay compensation to the petitioners for the houses and structures erected over the concerned land, as they are land losers under Bhairwa Reservoir Project in the district of Ramgarh after acquisition of their land way back in the year 1988-89. 2. The main submission of learned counsel for the petitioners is that though the petitioners/their predecessors-in-interest have been paid compensation for acquisition of their respective land, but no payment of compensation has been made for the houses and structures, which were existing over the said land at the time of acquisition. 3. A counter affidavit has been filed on behalf of the respondents, sworn by the Special land Acquisition Officer, Tenughat Project, Hazaribagh-respondent no. 6, stating, inter alia, that the land of the petitioners along with others were acquired by the Government of Jharkhand for Bhairwa Reservoir Project in the district of Ramgarh in the year 1988-89 and 1989-90 and the awarded amount has already been paid to them. Subsequently, the petitioners along with other land losers whose houses were also acquired without payment of compensation approached the Executive Engineer, Waterways Division, Hazaribagh- respondent no. 5 seeking compensation under Bhairwa Reservoir Project for their houses which were existing over their respective land, situated in the villages, namely, Sothai, Rundai, Nawadih and Bongasori under Ramgarh district on the basis of list of displaced persons. The respondent no. 5 vide press release by way of paper publication as contained in letter no. 269 dated 16th March, 2015 issued a general notice for initiating process of payment for compensation of their houses situated in the said villages, inviting objections from the land losers as per the list prepared in the year 2005-06. Thereafter, notices were also issued to the petitioners along with other land losers with respect to payment of compensation for their houses to be made by the respondent no. 6 in terms with valuation chart prepared by the respondent no. 5. It has further been stated in the counter affidavit that no acquisition process was ever initiated by the respondent no. 6 with respect to the houses of the land losers, however, the respondent no. 5 prepared a valuation chart showing compensation amount with respect to the houses, which existed over the acquired land of the land losers. 4. 5. It has further been stated in the counter affidavit that no acquisition process was ever initiated by the respondent no. 6 with respect to the houses of the land losers, however, the respondent no. 5 prepared a valuation chart showing compensation amount with respect to the houses, which existed over the acquired land of the land losers. 4. Heard learned counsel for the parties and perused the materials available on record. It is evident from the aforesaid stand taken by the respondents in the counter affidavit that though the petitioners and other land losers under Bhairwa Reservoir Project were paid compensation for their respective land, however, no compensation was paid for the houses, which existed over the same. The respondent no. 5 appears to have already prepared a valuation chart for the respective houses of the land losers as per the list prepared in the year 2005-06. Objections from the land losers were also invited vide paper publication as contained in letter no. 269 dated 16th March, 2015 (Annexure-A to the counter affidavit) towards the list prepared with respect to payment of compensation for the said houses. Though the petitioners approached various authorities in this regard, however, there is no document on record to suggest that the petitioners filed their objections before the respondent no. 5 on the said aspect. 5. Accordingly, the present writ petition is disposed of giving liberty to the petitioners to file individual claim/objection along with relevant documents with respect to payment of compensation for their houses which existed over the land acquired for Bhairwa Reservoir Project in the district of Ramgarh before the respondent no. 5. On receipt of the said objection, the respondent no. 5 shall take an appropriate decision with respect to individual claim/objection of the petitioners on the basis of material available on record and prepare a fresh valuation chart for payment of compensation with respect to the houses which existed over the acquired land. The respondent no. 5 shall thereafter send the said valuation report to the respondent no. 6, who shall determine the compensation to be paid to the petitioners, if they are found entitled and make effective payment to them. The said exercise is to be completed by the concerned respondents within three months from the date of filing of the individual claim/objection by the petitioners.