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2025 DAILYLAW 4566 (JHR)

MANPURAN RAJWAR v. THE STATE OF JHARKHAND THROUGH THE SECRETARY REVENUE AND LAND REFORMS DEPTT

WPC/408/2022 · 2025-08-12

Rajesh Kumar

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:23245 1 W.P.(C) No. 408 of 2022 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 408 of 2022 Manpuran Rajwar aged about 45 years son of Late Prem Chand Rajwar, resident of vill- Rangamatiya, P.O.- Rangamatiya, P.S. Chandankiyari, Dist- Bokaro. ….........Petitioner(s) Vrs. 1.The State of Jharkhand through the Secretary, Revenue & Land Reforms Department, Government of Jharkhand, Ranchi. 2.The Secretary, Road Construction Department, Government of Jharkhand, Ranchi. 3.The Deputy Collector, P.O.+P.S. Bokaro Steel City Camp-II, Dist.-Bokaro 4.The District Land Acquisition Officer, P.O.+P.S. Bokaro Steel City Camp-II, District- Bokaro .......... Respondent(s) ….... CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR For the Petitioner : Mr. Nandan Prasad, Advocate For the Resp.-State : Mr. Kanishka Deo, A.C to G.P.-IV 14/12.08.2025 The present writ petition has been filed for the following relief(s): a. For issuance of appropriate writ(s)/order(s)/direction(s) including the writ of mandamus, directing the Respondent Authority to immediate stay the road construction work of Mega food Park-Chandankiyari- adjacent road of Bokaro (Total area-4.055 K.M) without prior notice for acquisition of the land of the petitioner which is situated in Mauja Rangamatiya Thana no. 254, Khata No. 195, Plot no. 95, total acquisition Area 1.50 Acre road construction work was started over the petitioner land. b. For issuance of an appropriate writ(s)/order(s)/direction(s) to the respondent's Authority for grant Fair compensation in lieu of acquisition of the land which is situated in Mauja Rangamatiya Thana no. 254, Khata No. 195, Plot no. 95, total acquisition Area 1.50 Acre upon which road construction work was started. 2025:JHHC:23245 2 W.P.(C) No. 408 of 2022 2. The title of the petitioner has been disputed. It is settled principle of law that compensation has to be given regarding the title, possession and any easement right. The failing dispute arises with regard to the above right. The matter has to be referred under Section 76 of the Right to Fair Compensation & Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 3. A counter has been filed on behalf of respondent no. 2, para 16 of which is relevant to be quoted here under: “Para 16: That it is stated and submitted that if the petitioner has any bona-fide claim of right, title and interest over the land in question the remedy is available to him under section 76 of the Right to Fair Compensation & Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 to get the dispute decided by the Establishment of Land Acquisition, Rehabilitation and Resettlement Authority-cum-the Principal District and Sessions Judge of the District appointed under the Act, 2013.” 4. It further appears that the dispute has been raised by the petitioner. 5. In that view of the matter, the respondents are directed to refer the dispute under Section 76 of the Right to Fair Compensation & Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 before the appropriate forum for determination within 4 weeks from the date of receipt of copy of this order. 6. With the above observation and direction, the writ petition stands disposed of. (Rajesh Kumar, J.) A.Mohanty