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2025 DAILYLAW 6689 (JHR)

JITAN MAHTO v. UNION OF INDIA THROUGH ITS SECRETARY MINISTRY OF COAL

WPC/873/2024 · 2025-07-16

Gautam Kumar Choudhary

body2025

Judgment text

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2025:JHHC:19367 IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P. (C) No. 873 of 2024 ----- 1. Jitan Mahto, Aged about 70 years, Son of Buta Mahto, 2. Indar Mahto, Aged about 51 years, Son of Chaita Mahto, 3. Mahawir Mahto, Aged about 73 years, Son of Ghuja Mahto 4. Jitan Mahto, Aged about 72 years, Son of Lochan Mahto, 5. Jageshwar Mahto, Aged about 37 years, Son of Chhakkan Mahto, 6. Dashrath Mahto, Aged about 69 years, Son of Ato Mahto, 7. Ruplal Mahto, Aged about 73 years, Son of Latu Mahto, 8. Suresh Mahto, Aged about 56 years, Son of Dhona Mahto, 9. Virsahay Mahto, Aged about 45 years, Son of Mukund Mahto 10. Sona Mahto, Aged about 56 years, Son of Mahadev Mahto 11. Murari Prasad Mahto, Aged about 43 years, Son of Bodhan Mahto, 12. Fuleshwar Mahto, Aged about 49 years, Son of Bodhan Mahto, 13. Baleshwar Mahto, Aged about 54 years, Son of Mukund Mahto, 14. Jirva Devi @ Mosomat Jirva Aged about 53 years, Wife of Guli Mahto, 15. Babun Mahto, Aged about 86 years, Son of Late Lujhar Mahto, 16. Bhuneshwar Mahto @ Dhuneshwar Mahto, Aged about 70 years, Son of Sohan Mahto, 17. Jagdish Mahto, Aged about 44 years, Son of Mahadev Mahto, 18. Mosomat Etavariya, Aged about 69 years, Wife of Sukar Mahto 19. . Shivnath Mahto, Aged about 49 years, Son of Dhona Mahto, 20. Videshi Mahto, Aged about 67 years, Son of Nema Mahto, 21. Mosomat Parwati Devi, Aged about 73 years, Wife of Ganesh Mahto, 22. Panwa Devi, Aged about 64 years, Wife of Koka Mahto, 23. Kariba Mahto, Aged about 52 years, Son of Pachu Mahto, 24. Hulas Mahto, Aged about 75 years, Son of Bhakur Mahto, 25. Dasai Mahto, Aged about 59 years, Son of Makur Mahto 26. Masomat Basanti Devi, Aged about 70 years, Wife of Late Bishun Mahto, 27. Khedu Mahto, Aged about 71 years, Son of Nema Mahto, 28. Kauleshwar Mahto, Aged about 51 years, Son of Sarju Mahto, 29. Giridhari Mahto, Aged about 82 years, Son of Nunu Mahto, 30. Pannu Mahto, Aged about 66 years, Son of Sanu Mahto, 31. Bana Mahto, Aged about 49 years, Son of Sahadev Mahto, 32. Nirmal Mahto, Aged about 46 years, Son of Bhado Mahto 33. . Pawan Mahto, Aged about 34 years, Son of Bhade Mahto, 34. Prakash Mahto, Aged about 35 years, Son of Chhakan Mahto, 35. Sukri Devi, Aged about 48 years, Wife of Bhuneshwar Mahto, 36. Jageshwar Mahto, Aged about 40 years, Son of Sita Mahto, 37. Puran Mahto, Aged about 40 years, Son of Sahadev Mahto, 38. Tirath Nath Mahto, Aged about 49 years, Son of Sunu Mahto, 39. Ashok Kumar, Aged about 28 years, Son of Chhakan Mahto 40. Dashrath Thakur, Aged about 53 years, Son of Ramtahal Thakur, All are Resident of Village Nowakhap, P.O. & P.S.- Tandwa, District- Hazaribagh. … …. Petitioners Versus 1. Union of India through its Secretary, Ministry of Coal, A Wing, Shastri 2025:JHHC:19367 2 Bhawan, P.O.- Shastri Bhawan, P.S. Sansad Marg, Dr. Rajendra Prasad Road, New Delhi - 110001. 2. The State of Jharkhand through its Chief Secretary, First Floor, Project Building, P.O. & P.S.- Dhurwa, District- Ranchi 834004, Jharkhand. 3. The Commissioner, North Chhotanagpur Division at Hazaribagh, P.O. & P.S. Hazaribagh, District- Hazaribagh 4. The Deputy Commissioner, Hazaribagh at Hazaribagh, P.O. & P.S. Hazaribagh, District-Hazaribagh, P.O.+P.S. Hazaribagh 825301, Jharkhand-825301. 5. M/S Central Coalfields Ltd., through its Chief Managing Director, At Darbhanga House, P.O.-G.P.O., P.S.- Kotwali, District- Ranchi- 834001, Jharkhand. 6. Director Project (Chandragupt), Central Coalfields Ltd. At Darbhanga House, Opposite Raj Bhavan, Aryapuri, Indrapuri Colony, P.O.- G.P.O., P.S.-Kotwali, District- Ranchi- 834001, Jharkhand. 7. General Manger (L&R), Central Coalfields Ltd. At Darbhanga House, Opposite Raj Bhavan, Aryapuri, Indrapuri Colony, P.O.- G.P.O., P.S.- Kotwali, District- Ranchi 8. District Land Acquisition Officer, Hazaribagh, P.O. & P.S.-Hazaribagh, Dist.-Hazaribagh … …. Respondents ----- CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY ----- For the Petitioners : M/s Vijay Shankar Jha, Manish Kumar, & Rohit Agarwal, Advocates For the U.O.I : Mr. Anil Kumar, ASGI Mrs. Nitu Sinha, CGC For the State : Mr. J.F. Toppo, GA-V Mrs. Mousmi Chatterjee, AC to GA-V For the Respondent 5-7 : Mr. M.B. Lal, Advocate ----- Oral Order 05 / Dated : 16.07.2025 1. The instant writ petition has been filed for issuance of necessary direction(s) to the respondents for making payment of compensation at the present market value under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 to the land losers of the villages (1) Chatti Bartiatu, (2) Jordag (3) Nawakhap (4) Pachanda (5) Sijhuwa, (6) Ursu and (7) Bukru as their land have been acquired for the purposes of mining coal for its use by M/s Central Coalfields Limited with a further direction to the respondents to determine the valuation of house, land (agricultural or residential) and other fixtures at the rate under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation & 2025:JHHC:19367 3 Resettlement Act, 2013 and Jharkhand Land Acquisition Rules, 2015. 2. Learned counsel appearing on behalf of the respondents have filed counter affidavit and have admitted that if the petitioners will appear before the competent authority individually and file a fresh claim, their claim will be considered in the light of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and Jharkhand Land Acquisition Rules, 2015. 3. Learned counsel appearing on behalf of the petitioners have stated that the petitioners have opted for receipt of compensation under the new Act. 4. In view of these submissions made on behalf of both the parties, this writ petition is disposed of with a direction to the petitioners to appear before the competent authority individually and file their claim along with documents for payment of compensation as per the new Act. On receipt of such applications, the respondents shall dispose of the applications of the petitioners as expeditiously as possible. This writ petition stands disposed of. Pending I.A., if any, also stands disposed of. (Gautam Kumar Choudhary, J.) AKT/Satendra