DALCHAND MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN these writ petitions, the petitioners have prayed for quashing the order dated 24.02.2009 and notices dated 10.02.2009, whereby the petitioners have been asked to show cause as to why legal action should not be taken against them for realization of excess awarded amount paid to them.

(2.) ACCORDING to the petitioners, their land and building were acquired on the basis of the requisition of respondent no.4 by letter no.445 dated 26.11.2001 and letter no.357 dated 04.10.2001 along with the other lands of Village -Salga, P.S. Keradari, District -Hazaribagh. For that purpose, Land Acquisition Case no.01 of 2004 -05 was initiated under the provisions of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act'). After completing all legal formalities and process, the land was acquired and Award was finally prepared on 19.10.2007 determining the amount of compensation. There was no objection against the Award and the same became final. The amount of compensation as awarded was paid to the petitioners on 3.10.2008. The land and building of the petitioners were thereafter taken in possession by the respondents. After lapse of more than 1 1/2 years, the petitioners were served with the impugned notices dated 10.02.2009 asking them to appear before the Land Acquisition Officer and to show cause as to why the excess amount paid by way of compensation be not recovered from them. The petitioners have challenged the said notices issued to them.

(3.) THE writ petitions have been contested by the respondents by filing counter affidavit. It has been stated, inter alia, that the excessive valuation of the land was made in collusion with some subordinate officers, which was subsequently discovered in re -valuation report submitted by the Executive Engineer, Building Division, Hazaribagh. On the basis of the said report, the respondents have taken decision to issue notices to the Awardees before passing any order of realization of the excess amount awarded to them on the basis of wrong assessment of valuation of the land by some officers. Since the amounts awarded were inflated, order has been passed for keeping the payment of the awarded amount to the Awardees in abeyance.