Neelam Devi vs State Of Jharkhand

Rajesh Shankar, J

The present writ petition has been filed for issuance of direction upon the concerned respondents to make payment of compensation to the petitioners whose lands have been taken over by the respondents for construction of expressway under ‘Bharatmala Project’ without following the prescribed procedure under the Land Acquisition Act as well as the direction issued by the Department of Revenue, Land Reforms and Registration, Government of Jharkhand vide letter no.334, dated 14th May, 2009.

Learned counsel for the petitioners submits that the petitioners have been in peaceful residential and cultivating possession over the land appertaining to Khata No.57, Plot No.312, Thana No.28, Mouza-Sadmakala measuring area of 1.90 acres and 2.80 acres, which was settled in favour of their ancestor, namely, Chamu Mahto, S/o Late Adhin Mahto by the then landlord. After enactment of the Bihar Land Reforms, Act, the Jamabandi for the said land was created and the name of the petitioners’ ancestor-Chamu Mahto was running in Register-II as well as the rent receipts were continuously issued by the government till 2011. Despite the said fact, the possession of the land in question has been taken over by the concerned respondent authorities for construction of expressway under ‘Bharatmala Project’ without lawfully acquiring the same and paying appropriate compensation to the petitioners.

Though a counter affidavit has been filed on behalf of the State-respondents, yet considering that an appropriate decision is required to be taken by the competent authority i.e. respondent no.4 under the National Highways Act, 1956, without entering into the merit of the case, the petitioners are given liberty to prefer a fresh representation along with relevant documents on the present issue before the respondent No.4. On receipt of the said representation, the respondent No.4, after verifying the relevant records and on providing due opportunity of hearing to the petitioners/their representatives (if so needed), shall take an appropriate informed decision in accordance with law within eight weeks from the date of filing of the said representation.

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