Karan Gope vs The State of Jharkhand

Mr. Aparesh Kumar Singh, J. - Heard learned counsel for the parties.

All these petitioners claimed to have approached this Court in W.P.C. No. 4917 of 2010 with the grievance that though compensation for acquisition of land was paid but compensation for acquisition of houses and ponds were not paid in spite of the calculation made and the order of the Deputy Commissioner to pay.

Learned counsel for the petitioners contends that acquisition of individual pieces of land owned by the petitioners herein were made in the year 1986-87 and compensation in lieu thereof was paid in the year 1988, immediately after taking over the possession. The writ petition, W.P.C. No. 4917 of 2010 was disposed of by order dated 12.1.2011(Annexure-1) permitting the petitioners to make fresh individual representation before the Respondent no.4, the Special Land Acquisition Officer No.1, Swarna Rekha Project, Mango, Jamshedpur. It was also observed that if the claims of the petitioners are genuine, they should be paid the compensation amount. If the claims are found not genuine, reasons thereof should be assigned within time stipulated therein.

Learned counsel for the petitioners further submits that after their representations, the amount of compensation in lieu of acquisition of house was paid along with 12% interest for the period 28.4.1987 to 29.9.1988, total 1 year 6 months in terms of Section 23(1) of the Land Acquisition Act, 1894, as is evident from the information furnished under RTI through letter no. 686 dated 26.9.2011(Annexure-3/A) by the Special Land Acquisition Officer No.1, Suwarna Rekha Project, Mango, Jamshedpur, Respondent no.3. Petitioners have however approached this Court as the amount of compensation paid pursuant to the previous order of this Court has not taken into account the liability to pay interest in terms of Section 34 of the Act of 1894. Learned counsel for the petitioner submits that thereafter petitioners have made representation vide Annexure-5 to the Respondent no.3 with the aforesaid prayer without any avail. Therefore, they have approached this Court.

Learned counsel for the Respondent State submits that case of each individual petitioners may be required to be examined on facts about the admissibility of such interest keeping into account the acquisition made of their individual lands and the dates of possession as well as compensation, if any, paid in lieu there of earlier. Therefore, this Court may direct them to approach the Collector (Competent Authority)/ Respondent no.3 with individual representation duly supported with all necessary facts and documents.

Considered the submission of the parties in the light of relevant facts pleaded. As is borne out from the relevant facts recorded herein above, the present claim of the petitioners is confined to the interest over the compensation paid or payable in respect of the acquisition of their houses and ponds, as may be in individual cases. It is also admitted that compensation along with interest for certain period as evident from Annexure-3/ A and Annexure-4, has been paid in compliance of the order dated 12.1.2011 passed in the previous writ petition. There are 30 writ petitioners who have individual claims for compensation in respect of different pieces of land comprising different areas.

It is therefore appropriate that such claim of the petitioners be considered by the Competent Authority / Respondent no.3, Special Land Acquisition Officer, No.1, Swarn Rekha Project, Mango, Jamshedpur, East Singhbhum after examining the individual details of the petitioners relating to interest in terms of Section 34 of the Act of 1894 in view of the acquisition made. Individual petitioners would therefore make representation(s) duly supported with all necessary facts and documents before the Collector / Respondent no.3, Special Land Acquisition Officer, No.1, Swarn Rekha Project, Mango, Jamshedpur, East Singhbhum within a period of 3 weeks along with the copy of this order. On receipt thereof, the Collector / Respondent no.3 would examine their individual claims from the records and come to a determination in accordance with law about the admissibility of the interest over the compensation paid / payable in lieu of the acquisition made of houses and ponds, if any within a period of 12 weeks, thereafter. On such determination, if the claim of interest of individual petitioners is found admissible, the payable amount be released thereafter within a reasonable time, preferably 16 weeks, thereafter.

The writ petition stands disposed of in the aforesaid manner.