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2025 DAILYLAW 7157 (JHR)

DASHRATH GANJHU v. UNION OF INDIA THROUGH ITS SECRETARY MINISTRY OF COAL

WPC/962/2024 · 2025-07-16

Gautam Kumar Choudhary

body2025

Judgment text

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2025:JHHC:19363 IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P. (C) No. 962 of 2024 ----- 1. Dashrath Ganjhu, aged about 70 years, Son of Dukhan Ganjhu, 2. Bhola Mahto, aged about 43 years, Son of Sarju Mahto, 3. Jasva Devi, aged about 69 years, Wife of Fagu Mahto, 4. Thakuri Mahto, aged about 71 years, Son of Badhu Mahto, 5. Masomat Rijhani Devi, aged about 60 years, Wife of Khedu Mahto, 6. Dillu Mahto, aged about 71 years, Son of Badu Mahto, 7. Pheku Mahto, aged about 66 years, Son of Bulak Mahto, 8. Masomat Maricho, aged about 53 years, Wife of Late Tilaknath Mahto, 9. Usha Kumari, aged about 26 years, Wife of Budhlal Mahto, 10. Masomat Sugiya Devi, aged about 83 years, Wife of Prasadi Mahto, 11. Masomat Murti Devi, aged about 50 years, Wife of Late Kolha Mahto, 12. Dhanu Ganjhu, aged about 59 years, Son of Chaita Ganjhu, 13. Masomat Maheshwari, aged about 56 years, Wife of Kisun Ganjhu, 14. Prem Ganjhu, aged about 36 years, Son of Kaila Ganjhu, All are Resident of Village Nowakhap, P.O. & P.S.-Tandwa, District- Hazaribagh. 15. Anup Saw, aged about 70 years, Son of Lalji Saw, 16. Sohan Saw, aged about 46 years, Son of Samjira Saw, Both Resident of Village Pachda, P.O. & P.S.-Tandwa, District- Hazaribagh. … …. Petitioners Versus 1. Union of India through its Secretary, Ministry of Coal, A Wing, Shastri 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, P.O. & P.S. Hazaribagh, District-Hazaribagh, 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 Manish Kumar & Rohit Agarwal, Advocates For the U.O.I : Mr. Anil Kumar, ASGI Mrs. Nitu Sinha, CGC 2025:JHHC:19363 2 For the State : Mr. Kanishka Deo, AC to GP-IV For the Respondent 5-7 : Mr. Amit Kr. Sinha, 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 & Resettlement Act, 2013 and Jharkhand Land Acquisition Rules, 2015. 2. Learned counsel appearing on behalf of the respondents have submitted 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 & 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