PRANESH KUMAR SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present case is taken up through video conferencing.

(2.) The present writ petition has been filed for issuance of direction upon the respondents to ascertain appropriate compensation of land as per the market value along with other amount as solatium etc. as the land of the petitioners appertaining to Khata Nos. 55 and 103, plot nos. 496, 497, 498, 499, 500, 501,501/612 and 503 measuring an area of 0.79 acre, Mouza - Nawadih, Thana No. 292, District-Deoghar (hereinafter referred to as "the said land") has been acquired in I.A Case No. 54 of 2017-18 for construction of a Road Over Bridge (ROB) over the railway crossing between the Shankarpur-Jasidih Railway Station being level crossing no. 27/C/E.

(3.) The factual background of the case as stated in the writ petition is that the said land was recorded in the name of one Suwansh Lal. Jamabandi of the said land was also opened in his name and accordingly, he was regularly paying the rent thereof. After his death, the petitioners and other co-sharers came in possession of the said land and started paying rent of the same. Further, a notice was issued by the Assistant Engineer, Department of Road Construction, Deoghar (respondent no. 5) on 9/2/2017 in the name of the recorded tenants stating therein that the said land would be acquired by the District Land Acquisition Officer, Deoghar (respondent no. 4) for construction of the Road Over Bridge (ROB) over railway crossing between the Shankarpur-Jasidih Railway Station being level crossing no. 27/C/E. The petitioners and other land holders submitted their genealogical table with documents in respect of the said land and thereafter an award was prepared on 10/12/2018 for an amount of Rs.24,12,972.00. The petitioners submitted representation before the Deputy Commissioner, Deoghar (the respondent no. 3) on 28/12/2018 raising their objection regarding payment of lesser compensation and prayed for enhancement of the same according to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short" the Act, 2013"). However, the said award was subsequently modified on 13/3/2019 and the amount was reduced to Rs.22,19,074.00. The awarded amount was thereafter proportionately divided among the petitioners by the respondent no. 4 and paid through RTGS. The grievance of the petitioners is that in spite of giving representation to the respondent no. 3 for enhancement of compensation, nothing has been done in this regard. Hence, the present writ petition.