DINESH PRASAD DAGA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In the year 2001, a preliminary notification was issued for acquisition of 9.94 acres of land including 33 acres of the land, bearing plot No. 577, situated at mouza Isri, Giridih for the purpose of construction of National Highway. Subsequently, a notice was issued under Section 9 of the Land Acquisition Act calling upon the persons interested in land to come forward to claim compensation. Pursuant to that notice, an application was filed stating therein that the land measuring 33 acres of plot No. 577 bearing khata No. 7 belonging to one late Laxmi Narayan Daga was partitioned through family arrangement by which Mahesh Prasad Daga and this Petitioner, both sons of late Laxmi Narayan Daga got share in the land.

(2.) Subsequently, it appears from the statement made in the counter affidavit that Kheshra Panji was prepared by Amin and Kanungo of District Land Acquisition Office, Giridih in which 33 acres of land was shown as homestead land and on that basis, award was prepared whereby the Petitioner was paid a sum of Rs. 3,30,330/- being half of the awarded amount.

(3.) The State has come with further case that after the award was paid, when inspection was carried out, it was detected that award has been prepared taking 33 acres of land as homestead land whereas, in fact, it was a tand land and on that account, a notice was issued purported to be under Section 12A of the Act as contained in Annexure 5 wherein it was intimated that a sum of Rs. 3,30,330/- which was awarded as compensation amount was wrongly paid and therefore in exercise of power under Section 12A of the Act, the same has been corrected whereby it has been found that a sum of Rs. 1,39,210/- was paid in excess which is to be recovered from the Petitioner and the Petitioner was directed to deposit the same.