Rajan Baraik vs The State Of Jharkhand & Others
2022 Latest Caselaw 4242 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  (Civil Writ Jurisdiction)
                 W.P. (C) No. 1224 of 2020
                         ........

Rajan Baraik                           ....   ..... Petitioner
                              Versus
The State of Jharkhand & Others        ....   ..... Respondents

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

For the Petitioner : Mr. Ritesh Kumar, Advocate. For the Respondents/State : Mr. Manish Kumar, Sr. S.C.-II. For the Respondent/NHAI : Mr. Amrit Raj Kisku, A.C. to Mrs. Sweety Topno, Advocate.

........

11/18.10.2022.

Heard, learned counsel for the petitioner, Mr. Ritesh Kumar, learned counsel for the respondents / State, Mr. Manish Kumar, Sr. S.C.-II and learned counsel, Mr. Amrit Raj Kisku, A.C. to learned counsel for the respondent/NHAI, Mrs. Sweety Topno.

Petitioner - Rajan Baraik, son of Late Desh Deepak Baraik, resident of Village - Fasiya, P.O. - Karoundi, P.S. - Gumla, District - Gumla has preferred this writ petition for a direction upon the respondents namely, (1) The State of Jharkhand, (2) The Deputy Commissioner, Gumla, P.O., P.S. & District - Gumla, (3) the Circle Officer, Gumla, P.O. P.S. & District - Gumla, (4) The District Land Acquisition Officer, Gumla, P.O. & P.S. & District - Gumla and (5) The Project Director, National Highway Authority of India, Road No. 4C, Ashok Nagar, P.O. - Doranda, P.S.-Argora, District - Ranchi for immediately and forthwith pays the compensation amount to the petitioner, whose land has been acquired by the respondents without following the procedure prescribed under Land Acquisition Act.

Learned counsel for the petitioner, Mr. Ritesh Kumar has submitted, that the land of the petitioner has been taken over by the State with respect to 1.26 acres of land of Khata No. 118, Plot No. 1632/1645 without paying compensation. The petitioner is a poor Schedule Tribe belonging to Chik Baraik caste and he is unemployed person having no means to live except the land inherited by him from his ancestors. The aforesaid land was owned by the petitioner's grandfather Late Bikhna Ram @ Bikhnu Baraik in Encroachment Case No. 28/65-66 vide order no. 31 dated 17.05.1966 and rent

receipt were accordingly issued in favour of the petitioner's grandfather.

Learned counsel for the petitioner has further submitted, that the Circle Officer, Gumla has issued a correction slip of successors, mentioning the name of the petitioner, which is present in the record of the land in Circle Office vide Mutation Case No. 553/R/27 (2013-

14).

Learned counsel for the petitioner has further submitted, that earlier Encroachment Case which was initiated vide Encroachment Case No. 28/65-66 has already been dropped and thus there is no dispute with regard to title of the petitioner.

Learned counsel for the petitioner has further submitted, that the District Land Acquisition Officer, Gumla vide his letter no. 148 dated 28.07.2012 addressed to Block Development Officer, Gumla and Raidih, had instructed for the meeting of Gram Sabha with regards to the Acquisition of the Land for construction of National Highway which requires Acquisition of the Land of twelve villages including 1.26 acres of land of the petitioner.

Learned counsel for the petitioner has further submitted, that without any notice or acquisition under Section 4 of the Land Acquisition Act, 1894 and without seeking objection, the land of the petitioner approximately 1.26 acres has been taken away by the State Authorities in a proceeding unknown to the Constitution of India.

Learned counsel for the petitioner has further submitted, that payment has not been made, though the writ petition was filed in the year 2020.

This Court in terms of order dated 20.06.2022 has directed the State Authorities particularly the Deputy Commissioner, Gumla to file an affidavit on the following:-

(a) When the land, in question, has been acquired by the respondent authorities?

(b)Whether for acquisition of land, Land Acquisition Proceeding has been initiated if yes, then on which date and when notification was issued?

(c) How the Circle Officer has claimed the land, in question, which is Gairmajarua Khas Land as public land of Government in view of the judgment passed by the Co-ordinate Bench of this Court in W.P.(C) No.6802 of 2011 (Shubhan Ansari & Anr. Vs. The State of Jharkhand & Ors.) which has been circulated to the State Authorities. How such confusion has been created by the Circle Officer or the revenue authorities?

However, it was also enquired by the Court that the Deputy Commissioner, Gulma shall also file affidavit with regard to the date of handing-over of the land to the National Highway under the Road Construction Department.

It appears that the construction work is going on and the land has been acquired, but the State has also admitted that compensation has not been paid, which has already been admitted in para-15 of the counter-affidavit dated 04.12.2020 filed by the Circle Officer, Gumla which reads as under:-

"15. That with regard to the statement made by the petitioner in paragraph-12, in the instant writ petition under reply, it is humbly stated and submitted that the same is admitted fact that the land in question is acquired and road construction work is going on but the respondent has not given compensation to the petitioner due to the land in question is recorded in R.S. Record of right as Gairmazurua Khas land."

This Court subsequently on 20.06.2022 again directed the Deputy Commissioner, Gumla to file an affidavit and thus, another affidavit has been filed by the Deputy Commissioner, Gumla, Sushant Gaurav, s/o Gautam Pandey on 11.07.2022, whereby he has categorically stated in para-9 that :-

"9. That it is humbly stated and submitted that the answering respondent filed his parawise reply is as follows:-

(a) That it is humbly stated and submitted that the land in question has been acquired by the respondent authority in the year 2015.

(b) That it is humbly stated and submitted that the relevant facts are already been stated hereinabove.

(c) That it is humbly stated and submitted that the land in question recorded in R.S. record of right as "Gairmajarua Khas"

land, but the land in question is settled to the petitioner's grandfather-Bhiknu Baraik and at present Register-II is running in the name of petitioner and Government rent receipt is also issued in the name of petitioner and Circle Officer, Gumla has no confusion that the land in question is settled land of the petitioner's grandfather. Circle Officer, Gumla is also a member of constituted committee as already stated been stated hereinabove.

(d) That it is humbly stated and submitted that Rayati land of Fasia village has been handed over to the National Highway under Road Construction Department on dated 28.10.2015 vide letter no.177, dated 28.10.20158 and other relevant facts is already been stated hereinabove."

Thereafter, subsequent affidavit of the same Deputy Commissioner, Gumla dated 20.08.2022, wherein he has stated that no provision exists in any act, in which land acquisition can be made after the land has been used.

If this is the understanding of the State Authorities, then how such illegality has cropped up.

It is relevant to mention here that recently in the writ petition vide W.P.(C) No. 3552 of 2014, the Additional Chief Secretary, Department of Revenue, Registration and Land Reforms, Government of Jharkhand has clarified that the land of Gair Majarua Khas never belongs to the State, even though the Circle Officers are emboldened and creating mess of the system. Thus, the Division Bench of this Court has also observed in L.P.A. No. 142/2010 that the Halka Karamchari and the Circle Officers are above the law.

This Court in W.P. (C) No. 3174/2020 with regard district - Giridih, W.P.(C) No. 2466/2020 with regard to district - Deoghar and W.P.(C) No. 2487/2020 and analogous cases with regard to Koderma, is of the opinion that why these officers are not following the procedures of law, rather they are interested in hatching up the things in fast speed. It appears to this Court that these all things are happened in the last quarter of the financial year.

The Secretary, Cabinet Vigilance is directed to place the file before the Chief Secretary, Government of Jharkhand, the Additional

Chief Secretary, Department of Revenue, Registration and Land Reforms, Government of Jharkhand, the Law Secretary, Government of Jharkhand as well as the Secretary, Road Construction Department, Government of Jharkhand.

Since the matter relates to the Road Construction Department, as such, the Secretary, Road Construction Department is directed to assist the Chief Secretary.

The Chief Secretary, Government of Jharkhand shall specify that how the file has been processed, whether permission was accorded for acquisition of land, on what date the same has been decided and on what date, the publication has been made with regard to acquisition of land, when fund was requisitioned, why compensation has not been paid, if the land was Gairmazarua Khas what gave authority to Circle Officer to claim this land to be a Government land and why action has not been taken against the erring officer even after this fact has been brought to the notice of the respondent authorities. If these things are not done in accordance with rule of executive, then this Court is of the opinion that the Chief Secretary, Government of Jharkhand has to consider whether this amounts to criminality / misconduct or embezzlement of fund, but it is open to the Chief Secretary, Government to look into the matter along with W.P.(C) No. 3174/2020, W.P. (C) No. 2466/2020 and W.P.(C) No. 2487/2020 and file an affidavit within a period of three weeks in person, stating therein that whether it is simple misconduct or there is a tinch of criminality? Whatever the finding recorded by the Chief Secretary, Government of Jharkhand, those shall be subject of consideration by this Court.

However, this Court appoints learned counsel, Mr. Sudharshan Srivastava as Amicus Curiae in this matter to verify whether such illegality can subsequently be rectified or not?

Put up this case on 22.11.2022 under the same heading. Let a copy of this order be communicated to the office of the Advocate General, the Chief Secretary, Government of Jharkhand, the Additional Chief Secretary, Department of Revenue, Registration

and Land Reforms, Government of Jharkhand, the Law Secretary, Government of Jhakhand, the Principal Secretary, Road Construction Department, Government of Jharkhand, the Principal Secretary, Finance Department, Government of Jharkhand and the Secretary, Cabinet Vigilance, Government of Jharkhand for their information and needful through FAX / e-mail.

(Kailash Prasad Deo, J.) Sunil/-