CHABI DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for issuance of direction upon the respondents to show cause as to how and under what circumstances, the possession of the petitioner's land and building appertaining to Survey Plot Nos. 1469 and 1/1469, Khata No. 2/221 of Mouza-Hirna, Thana No. 269, District-Deoghar, measuring an area of 1.016 decimal has been taken despite the fact that the matter regarding enhancement of compensation is pending before the learned Principal District & Sessions Judge-cum-Land Acquisition, Rehabilitation and Re-settlement Authority, Santhal Pargana Division, Dumka in Misc. Case No. 15/2019. Further prayer has been made for issuance of direction upon the respondents to acquire the land in question along with the residential house in accordance with law after paying proper compensation.

(2.) The learned counsel for the petitioner submits that the husband of the petitioner late Kapil Deo Narayan purchased the aforesaid land along with the building by virtue of registered sale deed dated 15.07.1994 after paying a valuable consideration which is presently being used for commercial purpose. It is further submitted that the State Government has decided to acquire the land for the purpose of construction of a railway overbridge and the part of the petitioner's land comes under acquisition. The respondent No.3 prepared the award in favour of the petitioner on 20.02.2019 for the aforesaid land as well as the building standing over the same fixing compensation of Rs.5,05,345/- and Rs.5,55,760/- respectively. Aggrieved by the quantum of compensation fixed in the award, the petitioner filed an application before the respondent No. 2 in pursuance of which the matter was referred by the respondent no. 3 to the learned Principal District & Sessions Judge-cum-Land Acquisition, Rehabilitation and Re-settlement Authority, Santhal Pargana Division, Dumka under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as 'the Act, 2013'). The said case has been registered as Misc. Case No. 15/2019 before the Court of the learned Principal District & Sessions Judge-cum-Land Acquisition, Rehabilitation and Re-settlement Authority, Santhal Pargana Division, Dumka. The petitioner has already appeared before the said court in pursuance of the notices issued to her. The grievance of the petitioner is that an appropriate compensation has not been fixed for acquisition of the aforesaid land as well as the building standing over the same as the valuation of the aforesaid property is much higher than what has been fixed by reasons of the award. It is further submitted that the petitioner has not yet received the awarded amount and she apprehends that the State authorities will take possession of the aforesaid property soon, though the lawful compensation for the same has not been fixed and paid to her.

(3.) Learned AC to Sr. SC-II submits that there is no law that till a Raiyat receives the amount of compensation to his/her full satisfaction, the possession of the acquired property will not be taken by the State authorities. Since the matter has already been referred to the learned Principal District & Sessions Judge-cum-Land Acquisition, Rehabilitation and Re-settlement Authority, Santhal Pargana Division, Dumka in which the petitioner has already appeared, she should take prompt steps for disposal of the said case.