NIRANJAN SINGH KHANUJA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioner appellant is aggrieved against the judgment and order dated 5th July, 2012, by which the petitioner's writ petition, W.P (C) No.3316/2009, has been dismissed.

(3.) ACCORDING to learned counsel for the appellant petitioner, the Deputy Commissioner and learned Single Judge committed an error of fact going to the root of the matter, which is apparent from the documents produced by the respondents themselves along with the supplementary counter -affidavit filed on 4.3.2013. Along with the said supplementary counter affidavit, the respondent State has annexed the order dated 14.8.1992, wherein it is clearly mentioned that the petitioner's case was recommended for payment of Rs.10,000/ and he was paid Rs.5,000/ . However, in this order dated 14.8.1992, it has been observed that it was a case of encroachment over Government land and therefore, the matter was dropped. According to the learned counsel for the petitioner, assuming for the sake of argument that the petitioner's claim case was dropped on the ground of being a case of encroachment over Government land, even then since the petitioner appellant was paid the compensation as ex -gratia compensation, which has been admitted in the order dated 14.8.1992, the petitioner certainly falls under the category of the persons "who received ex gratia amount of compensation earlier" and his case is covered under clause (iv) of the Rehabilitation Pacakge dated 16.1.2006.