SWATI ENTERPRISES Vs. STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) THIS review application has been filed for review of the order dated 8.8.2012 passed by this Court in W.P.(C) No. 4566 of 2011 whereby and whereunder writ petition challenging notification dated 2.6.2011/4.6.2011 issued under Section 4 read with Section 17(4) of the Land Acquisition (Amendment) Act, 1984 for acquisition of the part of the land belonging to the petitioner for construction of Ranchi Ring Road was dismissed.

(2.) THE case of the petitioner is that the petitioner after obtaining permission under Section 49 of the Chota Nagpur Tenancy Act from the Deputy Commissioner, Ranchi purchased 4.28 acres and 1.64 acres (total 5.92 acres), appertaining to plot Nos. 335 and 360 respectively, Khata No. 45 and Thana No. 335 situated at village Garke, P.S. Namkum in the year 1989 for establishing an industrial unit over the land.

(3.) FURTHER case is that the Government in the year 2004 -05, for the purpose of constructing Ring Road, got a preliminary survey done. According to survey, initially made Ring Road was supposed to intersect NH -33 (Ranchi -Tatisilwai Road) about 1 km away from the petitioner's factory and from there straight to Tatisilwai but subsequently, it was modified whereby point of intersection with NH -33 was shifted 1.4 km. before and thereby the road takes zig -zac way leading to Tatisilwai whereby length of road get increased by 5 km. which will entail additional cost of Rs. 165 crores more a sheer waste of public money. This was probably done with vested interest to favour someone. On account of its modified plan, when the petitioner did find that the Ring Road would now passing through some portion (1.28 acres) of its factory, the petitioner gave representation to the Chief Minister on 14.7.2011 praying therein to do needful in the matter of correction of the alignment of the proposed road. Representation was also given not only by the family members of the persons employed by the petitioner but also by the villagers. At the same time, representation was also given to the Secretary to the effect stated above but all these efforts taken by the petitioner and others went in vain as the respondent No. 3 issued a notification under Section 4 read with Section 17(4) of the Land Acquisition (Amendment) Act, 1984 on 2.6.2011 which was published in the Gazette on 4.6.2011 for acquisition of 14.43 acres of land situated at Garke, Thana No. 335 in different plots including 1.28 acres belonging to the petitioner. Simultaneously, respondent No. 3 also issued declaration under Section 6 of the Land Acquisition Act declaring therein that the land mentioned in the said notification was acquired by the respondent which acquisition was made by invoking Section 17(4) of the Land Acquisition Act.