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High Court of Jharkhand · body

2024 DAILYLAW 1099 (JHR)

PARMESHWAR MANDAL v. THE STATE OF JHARKHAND

WPC/654/2022 · 2026-08-25

Sri Ananda Sen

Writ Petition (Civil)body2024

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2024:JHHC:44897 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 654 of 2022 1. Parmeshwar Mandal son of Late Jaadu Mandal 2. Sunil Kumar Mandal, son of Jainarayan Mandal 3. Basudeo Mandal, son of late Dwarika Mandal 4. Jitendra Mandal, son of late Baldeo Mandal 5. Naresh Mandal, son of late Baldeo Mandal All residents of Gouripur, Chanddih, P.S. Kunda, District- Deoghar. .... Petitioner(s) Versus 1. The State of Jharkhand 2. The Secretary, Department of Land & Revenue, at Project Building, Dhurwa, Ranchi.; 3. The Deputy Commissioner, Deoghar. 4. The Land Acquisition Officer, Deoghar. 5. The Circle officer, Deoghar. 6. The Director, State of Jharkhand, Ministry of Civil Aviation, State Hanger Airport Road, Hinoo, Doranda, Ranchi. 7. Union of India through the Secretary, Ministry of Civil Aviation, resident of 232, B-Block, Rajiv Gandhi Bhawan, Prithviraj Market, New Delhi. 8. The District Land Acquisition Officer, Dumka. … Respondent(s) ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s): Mr. Niranjan Kumar, Advocate. For the State: Mr. Aditya Raman, AC to GA-III For UOI Mrs. Niki Sinha, CGC. ------ 13/25.08.2026 Heard the parties. 2. The petitioners have challenged the order dated 17.07.2021 (Annexure-4) by which, the claim of the petitioners to pay compensation in respect of land of Jamabandi No. 7, comprising of Plot No. 7, 15 measuring area 0.55 acres (petitioner No. 1), Jamabandi No. 16 comprising of Plot No. 8, 16 measuring area 0.47 acres (Petitioner No. 2), Jamabandi No. 23 comprising of Plot No. 10, 12, 17 measuring area 0.50 acres (Petitioner No. 3), Jamabandi No. 10 comprising of Plot Nos. 9, 13 and 18 measuring area 0.52 acres (Petitioner No. 4 and 5) of Mouza- Domamarini, Thana No. 610, P.S. Kunda, District Deoghar, Jharkhand, has been rejected. 3. It is the case of the petitioners that the aforesaid land belongs to them and has been utilized for the construction of the Airport at Deoghar, but without acquiring the same. They submit that the land has been utilized, depriving the right of the petitioners under Article 300A of the Constitution. The petitioners have been deprived of any compensation and without following the procedure of law, the land of the petitioners has been taken for the purpose of construction of Airport. 4. Supplementary Counter Affidavit has been filed by the District Land Acquisition Officer, Deoghar, on 02.01.2024 and in paragraph 8, it has categorically been admitted that an investigation was conducted and a report was submitted on 14.11.2023 stating that the following land of Mouza Domamarni, P.S. No. 610 are inside the boundary of Deoghar Airport:- Sl. No. Khata No. Dag No. Area 1 7 7 0.43 2 7 15 0.12 3 16 8 0.36 4 16 16 0.11 5 23 10 0.20 6 23 12 0.20 7 23 17 0.10 8 10 9 0.19 9 10 13 0.20 10 10 18 0.13 Total 2.04 acres. 5. These are the lands which the petitioners claim that the same belongs to them and they are seeking compensation for the same. Further, the petitioners submit that there was no requisition for acquisition of the said land, the same has been utilized. 6. Thus, from paragraph 8 of the Supplementary Counter Affidavit, the respondent State has admitted that the land for which the compensation is being claimed by the petitioners falls now within the boundary of Deoghar Airport and they admitted that without acquiring the land, the same has been utilized. 7. Without acquiring the Land, the same could not have been utilized for the purpose of Deoghar Airport nor it could have been included within the boundary of the Airport. Thus, the respondents have committed grave illegality and flouted the mandate of Article 300A of the Constitution. 8. Considering the specific admission by the State that the land of 1.98 Acres, which is part of the land, which has been included in the boundary of Deoghar Airport without being acquired, the land losers of the land are entitled for compensation. 9. Thus, I direct the State to assess the compensation of the land and at the current market rate and to pay compensation to the land losers following the provision of Right to Fair Compensation and Transparency 2. in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The amount of compensation will be disbursed by the State, which will be reimbursed by respondent Nos. 6 and 7. The entire amount will be paid to the land losers after verifying the records within a period of twelve weeks from the date of receipt of copy of this order. 10. Accordingly, this writ petition is allowed. Pending interlocutory applications, if any, stand disposed of. 25th August, 2026 (ANANDA SEN, J.) Anu/- Cp2. Uploaded on: 28.08.2026 3.