GRAM SABHA PATRATOLI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This Writ Petition has been filed under Article 226 of the Constitution of India with a prayer for issuance of appropriate writ/order/direction in the nature of mandamus to set aside Notification No.36 (i) dtd. 5/11/2018 (Annexure-4) issued by the Deputy Commissioner, Khunti whereby and where under the preliminary notification the land, which is the subject matter of this Writ Petition, has been published for acquisition of the said land for the construction of new building of Maranghada Police Station.

(3.) Learned counsel for the petitioner submits that the acquisition of the same has been made in violation of Sec. 41 (3) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 as though undisputedly the land in question is in the scheduled area, the prior consent of Gramsabha or Panchayat or the Autonomous District Council at the appropriate level in the scheduled area, has not been obtained.