MD. SALIM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for issuance of direction upon the concerned respondents to forthwith declare the petitioner as 'displaced' person and to issue 'Displaced Family Development Booklet"-Vikas Pustika in terms with the Rehabilitation Policy, 2003 read with Revised Rehabilitation Policy, 2012 formulated by the Department of Water Resources, Government of Jharkhand with respect to the 'displaced' families due to land acquisition for implementation of irrigation project scheme.

(2.) Learned counsel for the petitioner submits that the house and land of the petitioner situated at Mouza-Chitarpur, Khata No.91, Plot No.467 were acquired by the State Government vide Land Acquisition Case No.10 of 2001-02 for the construction of 'Bhairwa Reservoir' and compensation of Rs.1,45,504.00 was paid to his father. Thereafter, the State Government framed Rehabilitation Policy, 2003 subsequently, modified by Revised Rehabilitation Policy, 2012.

(3.) It is further submitted that the petitioner comes under the definition of 'displaced' as defined under Clause 3.1 of Revised Rehabilitation Policy, 2012 since he had been residing over the acquired land for several years prior to the date of issuance of notification under Sec. 4 of the Land Acquisition Act, 1894 and as per the said Clause 3.1, the qualifying period for residing over the acquired land to be considered under the category of 'displaced' is at least one year prior to the date of issuance of the said notification. Moreover, Clause 3.1 (?) also puts a condition that those persons would be considered as 'displaced' whose houses were situated within the submergence area or out of the submergence area of the acquired land. Since the house and land of the petitioner have already been acquired as would be evident from Annexure-1 to the present writ petition, he is entitled to be extended the benefits under rehabilitation policy including the issuance of 'Vikas Pustika' irrespective of the fact that the said house and land acquired by the Government did not fall within submergence area.