Pawan Kumar vs State Of Jharkhand

Gautam Kumar Choudhary, J

Heard, learned counsel for the parties.

The instant Writ Petition has been filed for quashing the order dated 18.01.2019 passed under Section 64 of the Right to Fair Compensation and Transparency under Land Acquisition Rehabilitation and Resettlement Act, 2013 by which Plot No.622 has been referred to the Authority for declaration of right and title and not with respect to Plot Nos.621 and 623 for the purpose of Swarnrekha Multipurpose Project vide L. A. Case No.08/ 15-16.

Petitioner claims title and possession over Land measuring 35 decimals appertaining to Mouza- Ghatshila, plot no. 621,622 and 623 under Khata no. 15 of Thana No.107, by a registered deed of sale no.463 dated 08.04.2013. Land was duly mutated and rent is being paid to the State.

Main grievance of the Petitioner is that award for acquired land refers to Plot no.621 and 623, but it has not been referred to the Authority in terms of Section 64 of the said Act, 2013.

Learned counsel for the petitioner has referred to Annexure-3 Series which are the photocopies of the notice of Award issued under Section 37(2) of the land acquired from the petitioner which specifically mentions Plot Nos.621 and 623 whereas the referral order under Section 64 of the said Act is only with respect to Plot No.622.

Learned AC to AAG.II for the State has submitted that as per the order passed by the Respondent No.5 on 18.01.2019 on spot verification and measurement, the land of the petitioner was found to be only Plot No.622 and not plot Nos.621 and 623.

It is apparent that the Petitioner had received notices under Section 37(2) of the 2013 Act and had raised objection with respect to Plot nos. 621 and 623 along with 622. Under the circumstance there is no reason why two plots were left out while referring to the Authority.

Writ Petition is accordingly allowed. Respondent No.5 [The Special Land Acquisition Officer-1, Swarnarekha Multipurpose Project, Mango, Jamshedpur, District- East Singhbhum] to pass order afresh under Section 64 of the 2013 Act, with respect to plot no. 621 and 623 Mouza- Ghatshila.

Let a copy of this order be communicated to the Respondent No.3 for its compliance and needful.