Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No.6492 of 2024 -----
1. Ashok Kumar Shaw, S/o Late Vishunpada Shaw, R/o Bhagabandi, P.O.-Bhagabandi, P.S.-Dumaria, District-East Singhbhum.
2. Dewesh Kumar Shaw, S/o Late Gauranga Shaw, R/o Bhagabandi, P.O.-Bhagabandi, P.S.-Dumaria, District-East Singhbhum
3. Narendar Mahato @ Naran Mahato, S/o Late Netra Mohan Mahto, R/o village-Pathrasai, P.O.-Pathrasai, P.S.- Dumaria, District-East Singhbhum
4. Chumki Rani Mahato @ Chumki Mahato, W/o Narendra Mahto, R/o village-Pathrasai, P.O.-Pathrasai, P.S.- Dumaria, District-East Singhbhum
.......... Petitioners. -Versus-
1. The State of Jharkhand
2. The Secretary, Road Construction Department, Government of Jharkhand, Ranchi.
3. The Deputy Commissioner, East Singhbhum, P.O. & P.S.- Jamshedpur, District-East Singhbhum.
4. The District Land Acquisition Officer, East Singhbhum, P.O. & P.S.-Jamshedpur, District-East Singhbhum
5. The Executive Engineer, Road Construction Department, Road Division, Jamshedpur, P.O. & P.S.-Jamshedpur, District-East Singhbhum
.......... Respondents. -----
CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioners : Mr. Gautam Kumar, Advocate
Mr. Birat Kumar, Advocate For the State : Mr. Amitesh Kumar Geasen (A.C. to A.A.G.-IA) -----
Order No.02
Date: 15.01.2025
1. The present writ petition has been filed for issuance of direction upon the concerned respondents to pay appropriate compensation to the petitioners for acquisition of their lands appertaining to Khata Nos.97,136 & 305, Plot Nos.735, 738 & 649, Mouza-Bhagabandi, Thana no.1579 and the houses existed over the same for construction of road from ‘Kawali’ to ‘Dumaria’.
2.
Learned counsel for the petitioners submits that though the notices under Section 23 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 were issued to the petitioners, however, they have not yet been paid compensation for acquisition of their lands/houses. The petitioners represented the respondent no.4 in this regard, however, the same remained unresponded which has compelled them to prefer the present writ petition.
3. Mr. Amitesh Kumar Geasen, learned A.C. to A.A.G.-IA, appearing on behalf of the respondents submits that the aforesaid claim of the petitioners is required to be examined by the competent authority i.e. respondent no.4. Hence, if the petitioners prefer fresh representations on the present issue, an appropriate decision in accordance with law will be taken by the said respondent within a time frame.
4. Having heard learned counsel for the parties and considering the nature of prayer made by the petitioners in the present writ petition, without entering into merit of the case, the petitioners are given liberty to prefer fresh representations on the present issue before the respondent no.4. On receipt of the said representations, the respondent no.4 after making an inquiry and on providing opportunity of hearing to the petitioners/their representatives, shall take appropriate informed -2- W.P. (C) No.6492 of 2024
decision(s) in accordance with law within six weeks from the date of filing of the representations.
5. The writ petition is, accordingly, disposed of with the aforesaid liberty and direction. (Rajesh Shankar, J.) Arpit/
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