RAMESHWAR MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioners, in both these writ petitions under Articles 226/227 of the Constitution of India, have prayed for issuance of an appropriate writ/order/direction upon the Respondents to pay the compensation to the petitioners belonging to village 'Jataha' and 'Bhutaha' [In W.P. (C) No. 410 of 2012] and 'Gorhar' and 'Daldal' [In W.P. (C) No. 665 of 2012] as they are land losers of "Panchkhero Jalasay Project".

(2.) HEARD the learned counsel for the petitioners as well as the Respondent - State Government.

(3.) ON perusal of the same, it appears that the petitioners in both these writ petitions have approached this Court seeking direction against the Respondents for making payment of compensation in respect of the lands, which was acquired for the public purpose. The grievance of the petitioners is that some of the persons, whose land is acquired, have been paid compensation @ Rs.660/ - per decimal with other statutory benefits, whereas, in the case of the present petitioners, though they are similarly situated persons, have not been considered and accordingly, compensation has also not been paid. On perusal of the material on record, it further transpires that in other cases, the Judgment and Award has been passed by the competent Court having jurisdiction and being aggrieved and dissatisfied with the said judgment, the State preferred an Appeal before this Court and in the appellate proceedings, direction was given by this Court as per orders passed in Annexure -3 and Annexure -4. It appears that some of the appeals preferred by the Respondent -State has been withdrawn in view of the Notification, dated -28.09.1996 as the awarded amount was less than Rs. 25,000/ -.