SUNIL KUMAR SINHA Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition has been filed for issuance of direction upon the respondent nos.2, 3 and 4 to take immediate step against the respondent no.5 to get the petitioner's raiyati land, appertaining to Khata no.571, plot nos.720 and 721, Thana no.27, Mouja Padma, measuring an area of 0.44 decimal and 0.52 decimal, respectively, vacated, which has been encroached by the respondent no.5 without lawfully acquiring the same or without paying any compensation to the petitioner. Further prayer has been made for issuance of direction upon the railway authorities to pay fair compensation to the petitioner under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for using the said land.

(2.) Heard learned counsel for the parties and perused the contents of the writ petition.

(3.) However, subsequently the Deputy Chief Engineer/Con/I, East Central Railway, Hazaribagh issued a letter to the petitioner bearing no.DCE/C/HZME/WT/ Land/1374 dtd. 5/1/2020, mentioning that no cut soil was dumped on the raiyati land of village Paharpur under Padma police station, appertaining to plot no.720/721 (wrongly mentioned as Khata no.720/721). It was also mentioned in the said letter that no earth filling work was executed by the contractor of Railway on the petitioner's raiyati land during construction of over bridge.