RAJDEO BESRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel for the parties. The petitioner has come before this Court with the grievances that the land settled in favour of his mother in the year 1965, vide Annexure 1 to the writ petition, by the Resettlement Officer, Maithar Jalasai Project (DVC), Jamtara, one of which plot no.279 is being acquired without any compensation. Counsel for the petitioner by referring Annexure 1, the Patta, issued by the Resettlement Officer and the notice issued under the provisions of the Land Acquisition Act, under Section 4(1), Annexure 3, in the name of the petitioner's mother, submits that the steps were taken by the respondent no.3, the Special Land Acquisition Officer, Medium Irrigation Project, Dumka, for acquisition of the said land for the purposes of construction of Rangasola Branch Canal. The petitioner appeared before the Special Land Acquisition Officer with the aforesaid documents and the rent receipts at Irrigation Camp, Kundahit. However, by the letter dated 17.1.2007 issued by the Special Land Acquisition Officer, Medium Irrigation Project, Dumka in the name of Executing Engineer, Irrigation Division No2, Jamtara, it has come to the knowledge of the petitioner that the respondents are considering the said land as Jungle Khas recorded as Government land and no compensation is being paid on that count.

(2.) THE respondents have appeared and filed their counter affidavit, in which they have taken a stand that the notices were issued to Mukhani Marandi for acquisition of the land of plot no.279 but the whole process of acquisition has been cancelled as during demarcation it was found that plot No.279 is a Jungle Khas Anawadi Government land. It is further stated by the respondents that the wrong committed by the then Resettlement Officer cannot give reason for committing any further wrong by making acquisition of the Jungle Khas Anawadi Government land, which is strictly prohibited.