KARTIK MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Mr. Pramod Kumar, learned Counsel appearing for the Petitioners, submitted that land acquisition in question was made in the year 1988-89 but the process of rehabilitation continued after the actual possession of the lands was taken in the year 2005 and in the meantime, new rehabilitation policy was made in 2003. In the meantime, the Petitioners have attained the age of 18 years and therefore they are entitled to separate piece of land either 25 decimals as per old policy or 15 decimals as per new policy of 2003. He referred to the letter No. 13 Barhi dated 4.2.2009 issued by the Executive Engineer, Water Resources Department Division, Barhi, written to the Superintending Engineer, in which he sought guidelines on the said claims of the Petitioners. He further submitted that some more families were added, in the list of displaced persons originally assessed.

(2.) Mr. Purnendu Sharan, learned Counsel for the State, referring to the counter affidavit and the Rehabilitation Policy, submitted that the land loser who had attained 18 years of age on the date of notification under Section 4 of the Land Acquisition Act in the year 1988-89, were entitled to separate piece of land but as the Petitioners did not attain 18 years at that time, they are not entitled to separate land then what has been given to their family. He referred to paragraphs 9 and 10 of the counter affidavit, which reads as follows:

(3.) The said statements made in the counter affidavit, a copy of which was served on the counsel for the Petitioners on 4.11.2010, has not been denied and disputed.