LAKHI BAURI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for issuance of direction upon the respondents to make payment of compensation for the land appertaining to Khata No. 136, Plot No. 432, measuring an area of 2 acres of Mauza Radhanagar, Thana No. 36/201, Halka No. 13, Circle-Chas, District-Bokaro (hereinafter referred to as "the said land") which has been acquired for construction of Petroleum, Oils and Lubricants (POL) depot along with railway siding for Bharat Petroleum Corporation Limited at Radhanagar. Further prayer has been made for issuance of direction upon the respondents to make payment of interest @ 15% from the date of acquisition and other consequential benefits accruing thereof. The petitioner has also prayed for issuance of direction upon the respondents to pay damages to the petitioners for illegal use and occupation of the said land.

(2.) Learned counsel for the petitioners submits that the said land was settled in favour of the petitioner no. 1, who is a widow of about 60 years, under the Scheme of allotment of land to SC/ST and Backward Class, vide Settlement Case No. 18(XIII) of 1988-89. The petitioner no. 2 is the son of the petitioner no. 1. Jamabandi of the said land has been opened in the name of the petitioner no.1 which is recorded at Page No. 509, Part II of Register II concerning with Halka No. XIII, Circle-Chas, District-Bokaro. The petitioner no. 1 has been in continuous and peaceful possession of the said land by paying land revenue of the same. The respondent no. 5 - the Circle Officer, Chas, Bokaro served a notice to the petitioner no. 1 in Case No. 5630/2016-17 under Sec. 4(h) of the Bihar Land Reforms Act, 1950 (hereinafter referred to as "the Act, 1950") stating that the jamabandi with respect to the said land appeared to be suspicious and thus the petitioner no. 1 was asked to appear before the said respondent on 24/11/2016 at 11 a.m. along with the original/certified copies of the relevant documents such as Hukumnama related to settlement of the said land, rent receipts earlier issued by the concerned landlord, Form 'M' as well as rent receipts issued by the government after vesting of Zamindari and to produce any other concrete evidences in support of her claim over the said land. The petitioner no. 1 filed reply to the said notice of the respondent no.5 on 10/12/2016 stating that settlement of the said land was done in her favour after thorough inquiry made by the Land Reforms Deputy Collector, Sub-Divisional Officer, Circle Officer and Circle Inspector, Chas, Bokaro. Thereafter, a public notice dtd. 28/4/2017 was issued under the signature of the respondent no. 5 declaring that an 'Aam Sabha' was going to be held on 3/5/2017 for the purpose of land acquisition for construction of 'POL' depot along with railway siding for BPCL.

(3.) It is further submitted that the foundation stone of the said depot of BPCL was laid by the then Chief Minister of Jharkhand and the Union Minster of Petroleum and Natural Gas on 11/8/2019. The BPCL started construction work over the said land without payment of compensation to the petitioners as mandated under the law and thus the petitioner no. 1 wrote a letter to the Land Reforms Deputy Collector, Chas, Bokaro and the respondent no. 5 on 26/8/2019 and 6/9/2019 respectively requesting them for payment of compensation for the said land. Subsequently, the respondent no. 5 sent the records of Case No. 5630/2016-17 to the Land Reforms Deputy Collector, Chas, Bokaro vide letter no. 351 dtd. 19/2/2020 recommending cancellation of jamabandi of the said land under Sec. 4(h) of the Act, 1950. Thereafter, the petitioner no. 1 was served with a notice under Sec. 4(h) of the Act, 1950 in Case No. 5630/2016-17 by the Land Reforms Deputy Collector, Chas, Bokaro, whereby she was asked to explain her case in the light of recommendation made by the respondent no. 5 for cancellation of jamabandi of the said land. The petitioner no. 1 filed her reply stating that the Circle Officer did not have jurisdiction to make recommendation for cancellation of Jamabandi of the said land under Sec. 4(h) of the Act, 1950. Subsequently, the record of the said case was sent to the Additional Collector, Bokaro and the case was re-registered as Misc. 4(h) Case No. 116/2020-21. Thereafter, a notice was issued to the petitioner no. 1 to appear before the said authority on 25/6/2020 to explain her case. The petitioner no. 1 filed her reply to the said notice on 29/6/2020. She also filed an application under the Right to Information Act, 2005 before the Additional Collector, Bokaro seeking certified copies of the orders passed by the respondent no. 5, the Land Reforms Deputy Collector, Chas, Bokaro and the Additional Collector, Bokaro. However, the Additional Collector, Bokaro replied that the case records related to the aforesaid proceeding under Sec. 4(h) was sent to the Commissioner, North Chotanagpur Division, Hazaribagh. According to learned counsel for the petitioners, the whole process under Sec. 4(h) of the Act, 1950 has been carried out in a very surreptitious manner and the petitioners have not even been provided the copies of orders passed by the Circle Officer, Chas and the Land Reforms Deputy Collector, Chas, Bokaro.