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2025 DAILYLAW 4825 (JHR)

MANOJ KUMAR v. THE STATE OF JHARKHAND, THROUGH ITS SECRETARY, PRINCIPAL SECRETARY,

WPC/1766/2025 · 2025-07-02

Gautam Kumar Choudhary

body2025

Judgment text

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2025:JHHC:17641 IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P. (C) No. 1766 of 2025 ----- 1. Manoj Kumar, aged about 46 years, Son of Ishwar Dayal. 2. Durga Prasad Chakraborty, aged about 56 years, Son of Devendra Nath Chakraborty. 3. Sunil Kumar Chakravarty, aged about 43 years, Son of Kali Prasad Chakravarty. 4. Aparna Devi, aged about 61 years, Wife of Kali Prasad Chakravarty. 5. Shyam Chakravarty, aged about 66 years, Son of Devendra Nath Chakravarty. 6. Aditya Kumar @ Shiv Ram Narottam, aged about 30 years, Son of Ishwar Dayal Mahto. 7. Shibu Chakravarty, aged about 62 years, Son of Devendra Nath Chakravarty. All resident of village- Nawadih, P.O.- Bariyatu, P.S.- Gola, District- Ramgarh, Jharkhand at present residence petitioner no.-01- Pujhar Tola, Near- Bazar Tand, Gola, P.O. & P.S.- Gola, District- Ramgarh, Jharkhand, petitioner no.-02- Sonar Mohalla, Near- Kali Mandir, P.O.- Bariyatu, P.S.- Gola, District- Ramgarh, Jharkhand, petitioner no. 03- Bariyatu, P.O. & P.S.- Bariyatu, District- Ramgarh, Jharkhand, petitioner no. 04- Bariyatu, P.O. & P.S.-Bariyatu, District-Ramgarh, Jharkhand, petitioner no.- 05- Bariyatu, P.O. & P.S.-Bariyatu, District- Ramgarh, Jharkhand, petitioner no.- 06- Bazar Tand, Gola, P.O.- Gola, P.S.- Tenughat, District- Ramgarh, Jharkhand petitioner no.-07- Bariyatu, P.O.- Bariyatu, P.S.-Gola, District- Ramgarh, Jharkhand …. …. Petitioners Versus 1. The State of Jharkhand, through its Secretary, Principal Secretary, Nepal House, Doranda, Ρ.Ο.-P.S.-Jharkhand. Doranda, District-Ranchi 2. The Secretary, Water Resources Department, Government of Jharkhand, Nepal House, Doranda, P.O. & P.S.- Doranda, District- Ranchi, Jharkhand. 3. The Deputy Commissioner, Ramgarh, P.O. & P.S.- Ramgarh, District- Ramgarh, Jharkhand. 4. The Chief Engineer, Water Resources Department, Hazaribagh, P.O. & P.S. Hazaribagh, District-Hazaribagh, Jharkhand. 5. The Executive Engineer, Water Resources Division (Jal Path Pramandal), Hazaribagh, P.O. & P.S.-Hazaribagh, District- Hazaribagh, Jharkhand. 6. The Special Land Acquisition Officer, Tehughat Project, Hazaribagh, P.O. & P.S.- Hazaribagh, Jharkhand. 7. The Sub-Divisional Officer, Ramgarh, P.O. & P.S.-Ramgarh, District- Ramgarh, Jharkhand. … …. Respondents ----- CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY ----- For the Petitioners : Mr. Awadhesh Pandey, Advocate For the Respondents : Mr. Devesh Krishna, SC (Mines)-III ----- 2025:JHHC:17641 2 Oral Order 04 / Dated : 02.07.2025 1. The instant writ petition has been filed for direction upon the respondents for payment of compensation with regard to the houses and structures which are in their possession for last thirty years by the respondents. 2. Learned counsel for the petitioners submits that the petitioners are the farmers and their lands were acquired for the purpose of construction of ‘Bhairva Reservoir Tenughat’ in the year 1988-89 after acquisition of land as per the provision of Land Acquisition Act. 3. It is further submitted that in identical situation, the other land holder had moved before this Court in W.P.(C) No. 5028 of 2023 which has been disposed of on 22.08.2024 with direction to the petitioners to file individual claim/objection along with relevant documents with respect to the payment of compensation for their houses which existed over the land acquired for Bhairwa Reservoir Project before competent authority. 4. It is further submitted that though the predecessors in interest have been paid compensation for acquisition of their respective lands, but no payment of compensation has been made for the houses and structures and rehabilitation benefits. 5. Learned counsel for the State accepts does dispute that Petitioners have alternative remedy for redressal of their grievance. 6. Under the circumstance, the petitioners are directed to file individual claim/objection before the respondent no. 5-Executive Engineer, Water Resources Division (Jal Path Pramandal), Hazaribagh, who on receipt of the same will take appropriate decision with respect to individual claim/objection of the petitioners on the basis of materials available on record and prepare a fresh valuation chart for payment of compensation with respect to the houses which existed over the acquired land and for providing rehabilitation benefits. 7. Respondent no. 5 shall thereafter send the said valuation report to respondent no. 6- Special Land Acquisition Officer, Tenughat Project, Hazaribagh who shall determine the compensation to be paid to the 2025:JHHC:17641 3 petitioners, if they are found entitled and make effective payment to them. The said exercise will be completed by the concerned respondent within three months from the date of filing of the individual claim/objection by the petitioners. With these directions, this writ petition stands disposed of. Pending I.A., if any, stands disposed of. (Gautam Kumar Choudhary, J.) AKT/Satendra