Gram Sabha Patratoli vs State Of Jharkhand And Others

Anil Kumar Choudhary, J

Heard the parties.

This Writ Petition has been filed under Article 226 of the Constitution of India with a prayer for issuance of appropriate writ/order/direction in the nature of mandamus to set aside Notification No.36 (i) dated 05.11.2018 (Annexure-4) issued by the Deputy Commissioner, Khunti whereby and where under the preliminary notification the land, which is the subject matter of this Writ Petition, has been published for acquisition of the said land for the construction of new building of Maranghada Police Station.

Learned counsel for the petitioner submits that the acquisition of the same has been made in violation of Section 41 (3) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 as though undisputedly the land in question is in the scheduled area, the prior consent of Gramsabha or Panchayat or the Autonomous District Council at the appropriate level in the scheduled area, has not been obtained.

Learned counsel for the respondents fairly submits that in fact no acquisition has been made nor the respondents intend to construct the new building of Maranghada Police Station over the land in question as the same has already been constructed elsewhere and in this respect, learned counsel for the respondents draws the attention of this Court towards paragraphs-8 and 9 of the supplementary counter-affidavit dated 10.04.2024 wherein it has been categorically mentioned that a Gramsabha was called on 01st November, 2018 at 11:00 am and pursuant to the Gramsabha primary notification under Section 11 (1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 was published on 05th November, 2018. However, since there was agitation and protest by the local villagers, the process of acquisition was dropped. Hence, the respondents submits that respondents have no objection if the said Notification No.36 (i) dated 05.11.2018 (Annexure-4) issued by the Deputy Commissioner, Khunti, is quashed.

Considering the aforesaid facts, the Notification No.36 (i) dated 05.11.2018 (Annexure-4) issued by the Deputy Commissioner, Khunti, is quashed.

This Writ Petition stands disposed of accordingly.

In view of disposal of the instant Writ Petition, Interlocutory Application No.1510 of 2019 stands disposed of being infructuous.