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Judgment
6 paragraphs · 330 wordsRajesh Shankar, J
The present writ petition has been filed for issuance of direction upon the concerned respondents to provide compensation to the petitioner against her residential land appertaining to Khata No.14, Plot No. 79 measuring an area of 0.1950 acre situated within Ward No. 6, Bishrampur Nagar Parishad, P.O. & P.S.-Rehla, District-Palamau, as per the Government rate fixed for residential land i.e. Rs.1,06,480/- per decimal in terms with the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short, “the Act, 2013”).
Learned counsel for the petitioner submits that the petitioner has been paid compensation on the lesser rate for the land acquired for construction of railway line at Garhwa Road (Rehla) which was accepted by her with objection. However, she deserves payment on the basis of the Government rate fixed for residential land for which she repeatedly represented the concerned authorities, but the same were not responded by them which compelled her to prefer the present writ petition.
Mrs. Omiya Anusha, learned A.C. to A.A.G.-IA, appearing on behalf of the State of Jharkhand, submits that since the petitioner wants enhancement of compensation paid to her for acquisition of the land in question, she should have invoked the provision of Section 64 of the Act, 2013.
Having heard learned counsel for the parties and considering that the petitioner wants enhancement of compensation paid to her in lieu of acquisition of her land, she is given liberty to prefer a fresh application invoking Section 64 of the said Act before the respondent no.7 who is the Collector under the said Act. On receipt of the said application, the respondent no.7 shall refer the matter to the Land Acquisition, Rehabilitation and Resettlement Authority established under Section 51 of the Act, 2013 for adjudication within thirty days from the date of receipt of the said application.
The writ petition is, accordingly, disposed of with the aforesaid liberty and direction.