LAWS(JHAR)-2012-8-41

SWATI ENTERPRISES Vs. STATE OF JHARKHAND

Decided On August 08, 2012
SWATI ENTERPRISES Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) 12/08.08.2012 I.A. Nos.1263/12 and 1264/12 placed today. In course of hearing, the parties also argued on merit of the case.

(2.) HEARD both the parties also on merit of the writ petition. The petitioner has prayed for quashing the Notification dated 02.06.2011 published in the Ranchi District Gazette No.31(Extraordinary) dated 04.06.2011, issued under sub-section of section 4 read with section 17(4) of the Land Acquisition (Amendment)Act,1984 (hereinafter referred to as the 'Act'), whereby the land is sought to be acquired for the purpose of construction of Ranchi Ring Road.

(3.) I have heard learned counsel for the parties. Though the petitioner has claimed that the proposed construction of Road would adversely affect the factory, it has not made any specific statement that any portion of the land within the boundary of the factory is to be acquired by the impugned notification. The petitioner has also not disputed that the distance of the proposed Road is more than 200 feet from the boundary of the factory. The respondents have emphatically submitted that the said Road is being constructed for connecting two villages and for better connectivity, in the public interest. Considering the above, this Court does not find any ground made out to interfere with the Notification dated 02.06.2011 and grant relief, as prayed for by the petitioner. This writ petition is dismissed. I.A. Nos.1263/12 & 1264/12 consequently are rejected. The interim order dated 27.09.2011 stands vacated.