Jharkhand High Court
Mohammad Ganj Dist Palamu Jharkhand vs ) The State Of Jharkhand on 4 September, 2024
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
IN THE HIGH COURT OF JHARKHAND, RANCHI
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W.P.(C) No. 715 of 2024
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1) PARIKHA PRASAD MEHTA, R/O NEAR INCOME TAX OFFICE BY PASS ROAD
ABADGANJ WARD NO 24 PO DALTONGANJ PS DALTONGANJ DIST PALAMU
JHARKHAND
2) CHALITAR MAHTO, R/O VILL BHAJANIYA PO MOHAMMAD GANJ PO
MOHAMMAD GANJ DIST PALAMU JHARKHAND
3) KAMESHWAR PRASAD KUSHWAHA, R/O VILL MOHAMMAD GANJ PO
MOHAMMAD GANJ PS MOHAMMAD GANJ DIST PALAMU JHARKHAND
4) RANJEET KUMAR, R/O VILL BHAJANIYA PO MOHAMMAD GANJ PS
MOHAMMAD GANJ DIST PALAMU JHARKHAND
5) RAMBACHAN MEHTA, R/O VILL BHAJANIYA PO MOHAMMAD GANJ PS
MOHAMMAD GANJ DIST PALAMU JHARKHAND
6) SATYENDRA PRASAD, R/O VILL BHAJANIYA PO MOHAMMAD GANJ PS
MOHAMMAD GANJ DIST PALAMU JHARKHAND
7) RAMSAHAY MISTRI, R/O VILL BHAJANIYA PO MOHAMMAD GANJ PS
MOHAMMAD GANJ DIST PALAMU JHARKHAND
8) RAJU PRASAD MEHTA, R/O VILL BICHALADIH PO MOHAMMAD GANJ PS
MOHAMMAD GANJ DIST PALAMU JHARKHAND
9) GANESH PRASAD, R/O VILL MOHAMMADGANJ PO MOHAMMAD GANJ PS
MOHAMMAD GANJ DIST PALAMU JHARKHAND
10) LAXMAN MISTRY, R/O VILL BHAJANIYA PO MOHAMMAD GANJ PS
MOHAMMAD GANJ DIST PALAMU JHARKHAND
11) SUMESHWAR SINGH, R/O VILL BHAJANIYA PO MOHAMMAD GANJ PS
MOHAMMAD GANJ DIST PALAMU JHARKHAND
12) BIKRAMA PRASAD, R/O VILL MOHAMMADGANJ PO MOHAMMAD GANJ PS
MOHAMMAD GANJ DIST PALAMU JHARKHAND
13) JAINAB KHATOON, R/O VILL NEW MOHALLAH PO SHAHPUR PS CHAINPUR
DIST PALAMU JHARKHAND
14) SURYODEV MEHTA, R/O VILL PADARATHDIH PO MOHAMMAD GANJ PS
MOHAMMAD GANJ DIST PALAMU JHARKHAND
15) BRIJNANDAN MEHTA, R/O VILL MOHAMMADGANJ PO MOHAMMAD GANJ PS
MOHAMMAD GANJ DIST PALAMU JHARKHAND
16) JAGDISH MAHTO, R/O VILL BHAJANIYA PO MOHAMMAD GANJ PS
MOHAMMAD GANJ DIST PALAMU JHARKHAND
17) RAJU MEHTA, R/O VILL MOHAMMADGANJ PO MOHAMMAD GANJ PS
MOHAMMAD GANJ DIST PALAMU JHARKHAND
18) BRIJA CHAUDHARY, R/O VILL BHAJANIYA PO MOHAMMAD GANJ PS
MOHAMMAD GANJ DIST PALAMU JHARKHAND ..... Petitioners
-- Versus --
1) THE STATE OF JHARKHAND
2) THE PRINCIPAL SECRETARY DEPARTMENT OF REVENUE REGISTRATION AND
LAND REFORMS, PROJECT BHAWAN PO PS DHURWA DIST RANCHI
3) THE SECRETARY WATER RESOURCE DEPARTMENT, GOVT OF JHARKHAND
NEPAL HOUSE PO PS DORANDA DIST RANCHI
4) THE DEPUTY COMMISSIONER PALAMAU, PO PS DIST PALAMAU JHARKHAND
5) THE SPECIAL LAND ACQUISITION OFFICER NORTH KOYAL PROJECT
MEDININAGAR, PO PS MEDININAGAR DIST PALAMAU JHARKHAND
6) THE CIRCLE OFFICER MUHAMMADGANJ, PO PS MUHAMMADGANJ DIST
PALAMAU JHARKHAND
7) THE EXECUTIVE ENGINEER RUPANKAN PRAMANDAL SANKHYA 02,
MEDININAGAR, PO PS MEDININAGAR DIST PALAMAU JHARKHAND
...... Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioners :- Mr. Bhawesh Kumar, Advocate
Mr. Ravi Kumar, Advocate
Mr. Akata Anand, Advocate
Mr. S.N.Tiwari,Advocate
For the State :- Mr. Shrey Mishra, Advocate
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5/04.09.2024 Heard the learned counsel for the petitioners as well as the
learned counsel appearing on behalf of the respondent State.
2. In this petition the prayer has been made for direction upon
the respondent authority to additional compensation for the period from
the date on which respondents took possession over the petitioners land
in the year 1989-90 to the date of payment of compensation to the
petitioner in the year 2019-20 vide notices dated 14.02.2019 under the
Land Acquisition Case No.16/2017-18, as the petitioners raiyati lands
situated at mauza Muhammadganj, Circle Muhammadganj, in Palamau
District had already been utilized by the respondents for construction of
the Right Security Embankment of North Koyal Project in the year 1989-
90.
3. Learned counsel for the petitioners submits that the land in
question has already been acquitted in the year 1989-90, however, the
compensation process again started and now compensation has been
prayed and pursuant to subsequent proceeding since the land was
acquired in 1989-90 during the intervening period, the compensation has
not been paid and for that, the petitioners have also moved before the
Land Acquisition Officer at Palamau and the case of the petitioners is
governed in light of the judgment passed by this Court in W.P.(C)
No.7709 of 2011 as well as W.P.(C) No.2847 of 2020 and those
judgments have been affirmed by the Division Bench in L.P.A.
4. Learned counsel for the respondent State submits that
there is disputed question of fact involved in this matter.
5. In view of above, and considering the submissions of the
learned counsels for the parties, this petition is being disposed of
directing the petitioners to move before the Land Acquisition Officer
concerned by way of filing a fresh petition/ representation along with all
the credentials in support of the said claim including the judgment on
which the reliance has been placed to satisfy the Land Acquisition Officer
concerned, who will look into the matter and will pass appropriate order
in accordance with law.
6. This petition is accordingly disposed of.
7. Pending petition if any also stands disposed of accordingly.
( Sanjay Kumar Dwivedi, J.)
SI/
