Biswajit Roy vs Bharat Coking Coal Ltd. & Ors
2021 Latest Caselaw 4772 Jhar

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       (Civil Writ Jurisdiction)
                     W.P.(C) No. 1556 of 2009
                          ........

Biswajit Roy                                 .... ..... Petitioner
                            Versus
Bharat Coking Coal Ltd. & Ors.               .... ..... Respondents

CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO ............

For the Petitioner : Mr. A. K. Sahani, Advocate. For the Respondents : Mr. Anoop Kumar Mehta, Advocate ..........

07/13.12.2021.

Heard, learned counsel for the parties.

Learned counsel for the petitioner, Mr. A. K. Sahani has submitted, that petitioner has preferred this writ petition for a direction upon the respondents to provide compensation of the land acquired, with present market value as per the provisions of the land loser's scheme along with other facilities.

Learned counsel for the petitioner has submitted that petitioner has purchased the land as mentioned at Annexure-2 in page nos.26 to 28 of the writ petition.

Learned counsel for the petitioner has further submitted that in reply to the legal notice sent by Advocate, respondents have already declared that petitioner has no right over the so-called agricultural land, as mentioned in the schedule, which is prejudicing the case of the petitioner.

Learned counsel for the petitioner has further submitted that if the land has been acquired and there is dispute with regard to apportionment of share of the land for compensation, the District Land Acquisition Officer, Dhanbad may refer / decide the same in accordance with Section 30 of Land Acquisition Act by referring the matter before the competent Court, but they cannot decide title of land in question that whether petitioner is rightful owner or not and that part is causing delay.

Learned counsel for the respondent, Mr. Anoop Kumar Mehta has submitted that writ petition is not maintainable as title of the petitioner has not been admitted by the respondent.

Considering the rival submissions of the parties, looking into the facts and circumstances of the case, that petitioner has to establish his title on the basis of registered sale deed, for which he has to file an application

under Section 30 of the Land Acquisition Act before the District Land Acquisition Officer, Dhanbad, which will be referred before the competent court, so as to establish share and apportionment of share for compensation in view of the judgment passed by High Court of Judicature at Patna in the case of Dr. G. H. Grant Vs. State of Bihar reported in 1965 3 SCR 576 (Para-13).

Accordingly, the instant writ petition is disposed of.

(Kailash Prasad Deo, J.) Jay/