Sunil Kumar Sinha v. Union of India, through its Zonal Manager, East Central Railway
2022-07-06
RAJESH SHANKAR
body2022
DigiLaw.ai
ORDER : 1. The present writ petition has been filed for issuance of direction upon the respondent nos. 2, 3 and 4 to take immediate step against the respondent no. 5 to get the petitioner’s raiyati land, appertaining to Khata No. 571, plot nos. 720 and 721, Thana No. 27, Mouja Padma, measuring an area of 0.44 decimal and 0.52 decimal, respectively, vacated, which has been encroached by the respondent no. 5 without lawfully acquiring the same or without paying any compensation to the petitioner. Further prayer has been made for issuance of direction upon the railway authorities to pay fair compensation to the petitioner under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for using the said land. 2. Heard learned counsel for the parties and perused the contents of the writ petition. 3. The claim of the petitioner is that the aforesaid land has been recorded in the name of his father-Late Mandeep Narayan Prasad Sinha @ Mandeep Narayan Prasad. The rent receipt of the said land has also been issued in favour of his predecessor-in-interest till 2014-15, as would be evident from the report of the Circle Officer, Padma-respondent no. 8 submitted before the Additional Collector, Hazaribagh vide letter no. 456 dated 17th October, 2016. 4. However, subsequently the Deputy Chief Engineer/Con/I, East Central Railway, Hazaribagh issued a letter to the petitioner bearing no. DCE/C/HZME/WT/Land/1374 dated 5th January, 2020, mentioning that no cut soil was dumped on the raiyati land of village Paharpur under Padma police station, appertaining to plot no. 720/721 (wrongly mentioned as Khata no. 720/721). It was also mentioned in the said letter that no earth filling work was executed by the contractor of Railway on the petitioner’s raiyati land during construction of over bridge. 5. Since the fact regarding use of the petitioner’s land for dumping soil by the contractor of Railway during construction of over bridge has been denied by the Deputy Chief Engineer/Con/I, East Central Railway, Hazaribagh, as would be evident from the letter dated 5th January, 2020, no writ of mandamus as prayed by the petitioner can be issued to the Railway authorities. 6. The writ petition is, accordingly, dismissed. 7. The petitioner is, however, at liberty to take alternative recourse as available under law for redressal of his grievance.