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2025 DIGILAW 1276 (JHR)

Ravi Shankar Pandey, son of Ram Lakhan Pandey v. Union of India, through the Secretary, Ministry of Coal

2025-05-02

AMBUJ NATH

body2025
JUDGMENT : Ambuj Nath, J. The issue raised in all these writ petitions are same and similar. 2. Accordingly, they are being disposed of by a common order. 3. Heard the parties. 4. The writ petitioners have filed these writ applications for issuance of necessary direction(s) to the respondents to make payment of compensation at the present market value under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 to the land losers of the villages (1) Chattibartiatu, (2) Jordag (3) Nawakhap (4) Pachda (5) Sijhua, (6) Ursu and (7) Bukru as their land have been acquired for the purposes of mining coal for its use by M/s Central Coalfields Limited with a further direction to the respondents to determine the valuation of house, land (agricultural or residential) and other fixtures at the rate under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and Jharkhand Land Acquisition Rules, 2015. 5. Learned counsels appearing on behalf of the respondents have filed counter affidavit and have admitted that if the petitioners will appear before the competent authority individually and file a fresh claim, their claim will be considered in the light of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and Jharkhand Land Acquisition Rules, 2015. 6. Learned counsel appearing on behalf of the petitioners have stated that they have opted for receipt of compensation under the new Act. 7. In view of these submissions made on behalf of both the parties, all these writ applications are disposed of with a direction to the writ petitioners to appear before the competent authority individually and file their claim along with documents for payment of compensation as per the new Act. On receipt of such applications, the respondents shall dispose of the applications of the petitioners as expeditiously as possible. 8. These writ petitions are disposed of. 9. Pending I.A. if any, also stands disposed of.