LAWS(JHAR)-2010-1-271

PAMELA KUMAR Vs. STATE OF JHARKHAND

Decided On January 13, 2010
PAMELA KUMAR Appellant
V/S
STATE OF JHARKHAND; DEPUTY COMMISSIONER, DALTONGANJ; ADDITIONAL COLLECTOR, PALAMAU; EXECUTIVE ENGINEER, BUILDING DIVISION Respondents

JUDGEMENT

(1.) A counter-affidavit and supplementary counter-affidavit has been filed on behalf of the respondents.

(2.) The dispute, as raised by the petitioner in this writ application, is on the basis of her grievance that the respondent authorities have wanted to raise construction illegally on the land belonging to her.

(3.) In the counter-affidavit, it has been stated that 9.76 acres of land were acquired in the village Chiyanki, Thana No. 206 for Tassar Seed supply station by the Department of Industry, Government of Bihar in Land Acquisition Case No. 66/1955-56. It is further stated that the total area of the acquired land of the erstwhile owner Radhika Prasad was 2.82 acres under plot no. 1196 and he was paid Rs. 678.24 way back on 10.12.1957 as compensation for acquisition of the 2.82 acres of land under his plot. Subsequent to the acquisition, Radhika Prasad had clandestinely sold 2.18 acres of land under plot no. 1196 to one Prabhat Pradeep Kumar, late husband of the present petitioner on 22.6.1968. However, notwithstanding the clandestine sale, neither Prabhat Pradeep Kumar, nor his wife Pamela Kumar namely the present petitioner, ever came in possession of the said plot of land. The further declaration of the respondents is that no construction is proposed to be raised on any part of the land belonging to the petitioner and whatever construction are contemplated, would be raised only on the land belonging to the respondents.