1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 2408 of 2023 --------- 1. Moti Singh S/o Late Bitan Singh, Aged about 59 years resident of Village Banda, P.O. Dahusodag, P.S-Dhurwa, Dist- Ranchi, Jharkhand. 2. Ganesh Tigga S/o Late Somra Tigga, Aged about 42 years resident of Village Sodag Mahuwatoli, P.O.-Dahusodag, P.S- Dhurwa, Dist- Ranchi, Jharkhand. 3. Budhuva Tigga, S/o Late Birsa Tigga, Aged about 67 years resident of Village Banda, P.O. Dahusodag, P.S-Dhurwa, Dist- Ranchi, Jharkhand. 4. Faguva Tigga S/o Late Birsa Tigga, Aged about 68 years resident of Village Banda Upardahu, P.O.-Dahusodag, P.S- Dhurwa, Dist- Ranchi, Jharkhand. 5. Dhuchwa Tigga S/o Late Birsa Tigga, Aged about 64 years resident of Village Banda Upardahu, P.O.-Dahusodang, P.S- Dhurwa, Dist- Ranchi, Jharkhand. 6. Saklu Kujur, S/o Bandhan Kujur, Aged about 39 years resident of Village- Huringdag, P.O.- Dahusodag, P.S-Dhurwa, Dist- Ranchi, Jharkhand. 7. Manoj Tirkey S/o Etva Tirkey, Aged about 23 years resident of Village Garsul, P.O. Dahusodag, P.S-Dhurwa, Dist- Ranchi, Jharkhand. 8. Champa Tirkey S/o Mangra Tirkey, Aged about 44 years resident of Village Garsul, P.O. Dahusodag, P.S- Dhurwa, Dist- Ranchi, Jharkhand. 9. Mahabir Gop S/o Late Birsa Gop, Aged about 68 years resident of Village Garsul, P.O. Dahusodag, P.S-Dhurwa, Dist- Ranchi, Jharkhand. 10. Sunil Kachhap, S/o Gopal Kachhap @ Oraon, Aged about 27 years resident of Village - Heth Dahu, P.O.-Dahusodag, P.S- Dhurwa, Dist- Ranchi, Jharkhand. 11. Soharie Oraon, S/o Dudu Oraon, Aged about 66 years resident of Village- Heth Dahu, P.O.- Dahusodag, P.S- Dhurwa, Dist- Ranchi, Jharkhand. 12. Ghakhul Oraon @ Kachhap, S/o Dudu Oraon @ Kachhap, Aged about 71 years resident of Village-Heth Dahu, P.O. Dahusodag, P.S- Dhurwa, Dist-Ranchi, Jharkhand. ....Petitioners Versus 1. The State of Jharkhand. 2. The Secretary, Revenue, Registration and Land Reforms, Government of Jharkhand, Project Bhawan, P.O. & P.S.- Dhurwa, District- Ranchi. 2 3. The Secretary, Road Construction Department, Government of Jharkhand, Project Bhawan, P.O. & P.S.- Dhurwa, District- Ranchi. 4. The Deputy Commissioner, Ranchi, P.O., P.S. & District- Ranchi, Jharkhand. 5. The District Land Acquisition Officer, Ranchi, P.O., P.S.& District- Ranchi, Jharkhand. 6. The Circle Officer, Namkum, P.O. & P.S.- Namkum, District- Ranchi, Jharkhand. 7. The Executive Engineer, Road Construction Department, Road Division Ranchi, P.O., P.S. & District- Ranchi, Jharkhand. ....Respondents --------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN --------- For the Petitioners : Mr. Bhawesh Kumar, Advocate Mr. Ravi Kumar, Advocate Dr. Satyendra Nath Tiwari, Advocate Mrs. Akata Anand, Advocate For the Resp.-State : Mr. Vineet Prakash, A.C. to S.C.-IV --------- 08/Dated:-21.03.2025 1. Heard learned counsels for the parties. 2. The instant writ application has been preferred by the petitioners for the following reliefs:- I. For issuance of an appropriate writ/writs, order/orders, direction/directions or a writ in nature of Mandamus commanding upon the respondents to pay adequate compensation to the petitioners from the date of dispossession of the petitioners from their rayati land in the year 2018, as the respondents have constructed a black road Khunti-Torpa Main Road (Amreshwar dham) to Tupudana Road in District of Ranchi over the raiyati land of the petitioners situated at Mauza Banda, Sohdag, Garsul, Upardahu and Hethdahu of Namkun Anchal without following the process of acquisition under law and payment of compensation, however, after agitations and protests by the land losers, notices under section 37(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 has been issued to the petitioners on different dates in October 2022 but even after submission of relevant documents before the respondents No.05, payment of the amount as indicated in the respective notices has not been made to the land losers/ petitioners till date. AND/OR II. For issuance of appropriate writ/writs, order/orders, direction/directions or a writ in nature of Mandamus commanding upon the respondents to calculate the amount of compensation from 3 the date of dispossession of the petitioners as the petitioners were dispossessed from their raiyati land in the year 2018 when the respondents started construction of widening of the road, which was ought to be started after following the process of Land Acquisition but violating the law of acquisition of land, respondents dispossessed the petitioners prior to following the process of acquisition under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. AND/OR III. For issuance of appropriate writ/writs, order/orders, direction/directions or a writ in nature of Mandamus commanding upon the respondents to hold the acquisition after dispossession of raiyats/ petitioners/Land Losers from their raiyati land bad in law and for the illegality and violation committed by the respondents, they are liable to pay a heavy exemplary cost with extra compensation for mental agony and causing disturbance of the peace in the society. 3. The brief facts of the case as per the pleadings are that the respondents in the year 2018, had started widening of the black road Khunti-Torpa Main Road (Amreshwar dham) to Tupudana Road in District of Ranchi. As the petitioners’ raiyati lands were situated beside the Road and they were dispossessed by the respondents, the petitioners started peaceful protest against the unlawful road widening work. Thereafter, the respondents published a Preliminary Notification u/s 11 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 vide Notification dated 23.06.2020 for Mauza- Banda, Sohdag, Garsul, Upardahu and Hethdahu of Namkun Anchal along with other affected villages and thereafter the District Land acquisition officer, Ranchi declared award and issued notices under Section 37 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 to some of the petitioners for payment of compensation. On receipt of the aforementioned notices, the petitioners represented 4 themselves in the office of the District Land acquisition officer, Ranchi and submitted relevant documents related to the acquired land on different dates in the month of March 2023. However, till date they have not received any compensation. 4. At the outset, learned counsel for the respondent-State submits that the moment these petitioners will file claim form, they would be paid appropriate compensation as per the applicable provisions. 5. In reply to that, learned counsel for the petitioners draws attention of this Court towards the rejoinder wherein at Paragraph Nos. 6 to 8, it has been stated that the required documents for payment of compensation with respect to the petitioner Nos. 2 to 12 have been submitted in the month of March itself. As a matter of fact, Annexure-2 & 3 series to the rejoinder supports the aforesaid averments. 6. Having regards to the aforesaid facts and the submissions of the rival parties, the instant writ application, is hereby, disposed of by directing the 5th Respondent to look into the matter and pay the compensation to these petitioners in accordance with the applicable rules and provisions after verification of record which has already been submitted by these petitioners. It goes without saying that the petitioners would be at liberty to serve the copy of this writ petition to the concerned respondent for brevity and convenience and the concerned respondent is directed to calculate the amount of compensation 5 from the date of dispossession of the respective petitioners strictly as per the provisions of “Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The entire exercise shall be completed within a period of ten weeks from the date of receipt/production of copy of this order. 7. With the aforesaid observation and direction, the instant writ application stands disposed of. Pending I.A.s, if any, also stands closed. (Deepak Roshan, J.) vikas/-