Madhuri Devi @ Madhuri Devi Keshari vs State Of Jharkhand And Ors

The present writ petition has been filed for issuance of direction upon the respondents to show cause as to how and under what circumstances, the

possession of the petitioner’s land and building appertaining to Survey Plot No. 93/1456 (Part), Khata No. 5/4, Thana No. 398, Ward No. 11 (Old

Ward No. 14), Mouza-Kalyanpur, District-Deoghar, measuring an area of 0.758 acre has been taken without taking into consideration that the matter

regarding quantum of compensation is pending before the learned Principal District & Sessions Judge-cum-Land Acquisition, Rehabilitation and Re-

settlement Officer, Santhal Pargana Division, Dumka in L. A. (Deo) Case No. 67/2019. Further prayer has been made for issuance of direction upon

the respondents to acquire the land in question along with the residential house in accordance with law.

Learned counsel for the petitioner submits that the petitioner purchased the aforesaid land by virtue of registered sale deed No. 3506 dated 11.12.1982

after paying a valuable consideration. She also constructed a building in the year 1989-90 over the same which is presently being used for running a

shop. It is further submitted that the State Government has decided to acquire the land for the purpose of construction of a railway over bridge and the

part of the petitioner’s land comes under acquisition. The respondent No.3 prepared the award in favour of the petitioner on 20.02.2019 for the

aforesaid land as well as the building standing over the same fixing compensation of Rs.4,33,432/- and Rs.5,76,920/- respectively. Aggrieved by the

quantum of compensation fixed in the award, the petitioner filed an application before the respondent No.2 in pursuance of which the matter was

referred to the learned Principal District & Sessions Judge-cum-Land Acquisition, Rehabilitation and Re-settlement Officer, Santhal Pargana Division,

Dumka under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

(hereinafter referred to as ‘the Act, 2013’) vide letter No. 1091 dated 16.10.2019 issued under the signature of the respondent No.3. The said

case has been registered as L. A. (Deo) Case No. 67/2019 before the Court of the learned Principal District & Sessions Judge-cum-Land Acquisition,

Rehabilitation and Re-settlement Officer, Santhal Pargana Division, Dumka. The petitioner has already appeared before the said Court in pursuance

of the notices issued to her. The grievance of the petitioner is that an appropriate compensation has not been fixed for acquisition of the aforesaid land

as well as the building standing over the same as the valuation of the aforesaid property is much higher than what has been fixed by reasons of the

award. It is further submitted that the petitioner has not yet received the awarded amount and she apprehends that the State authorities will take

possession of the aforesaid property soon, though the lawful compensation for the same has not been fixed and paid to her.

Learned A.C to Sr. S.C-I submits that there is no law that till a Raiyat receives the amount of compensation to his/her full satisfaction, the possession

of the acquired property will not be taken by the State authorities. Since the matter has already been referred to the learned Principal District &

Sessions Judge-cum-Land Acquisition, Rehabilitation and Re-settlement Officer, Santhal Pargana Division, Dumka in which the petitioner has already

appeared, she should take prompt steps for disposal of the said case.

Heard learned counsel for the parties and perused the contents of the present writ petition. The petitioner appears to be aggrieved by fixing of

inappropriate amount of compensation by the respondent No.3 in lieu of acquisition of the aforesaid land as well as the building standing over the

same. The petitioner has also contended that since the aforesaid property is commercial in nature, the authorities should have fixed an appropriate

quantum of compensation for acquisition of the same. Admittedly, on the objection filed by the petitioner, her case has been referred by the respondent

No.3 to the learned Principal District & Sessions Judge-cum-Land Acquisition, Rehabilitation and Re-settlement Officer, Santhal Pargana Division,

Dumka which has been registered as L. A. (Deo) Case No. 67/2019. The petitioner has already appeared in the said case. Learned counsel for the

petitioner refers to an order passed by a Bench of this Court dated 19.11.2019 passed in W.P.(C) No. 5900/2019 and submitted that under similar

circumstances, the competent authority under Section 64 of the Act, 2013 has been directed to dispose of the case within two months from the date of

receipt of the said order.

Since the present case is also similarly situated to that of W.P.(C) No. 5900/2019, the learned Principal District & Sessions Judge-cum-Land

Acquisition, Rehabilitation and Re-settlement Officer, Santhal Pargana Division, Dumka is directed to expedite the hearing of L. A. (Deo) Case No.

67/2019 and to conclude the same preferably within a period of two months from the date of receipt/production of a copy of this order. It goes without

saying that the petitioner shall fully co-operate in early disposal of the said case.

So far as the apprehension of the petitioner regarding demolition of the building standing over the aforesaid land is concerned, in view of the

observation made in the last paragraph of the order passed by the Deputy Commissioner-cum-District Magistrate, Deoghar as contained in Memo No.

679 dated 16.09.2017, no interim order is being passed.

The present writ petition is accordingly disposed of with the aforesaid observation and direction.