BINOD KUMAR VIJAYVARGIYA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) Petitioner has made a prayer to grant him compensation at the present market rate along with interest in respect of a piece of land measuring an area of 1.25 acre being portion of R.S. Plot No.343 (SubPlot No.7) under R.S. Khata No. 164 in village Hethu or to return the said land to the petitioner within the specified period.

(3.) According to the petitioner, the aforesaid piece of land was recorded in the name of Chotanagpur Banking Association measuring an area of 40 acres. In L.A. Case No. 12R5/41-42 an area of 15.70 acres out of 40 acres of land appertaining to Plot No. 343, Khata No.164 in Mouza Hethu was acquired for the purposes of Aerodrome and compensation was paid to Chotanagpur Banking Association. By a registered sale deed bearing No. 6510/1951 dated 23rd Sept., 1951 Chotanagpur Banking Association sold an area of 1.25 acres of land out of remaining non-acquired portion of R.S. Plot No. 343, Khata No. 164 in the said village to the petitioner's father. Name of petitioner's father was mutated in Mutation Case No. 73 R27 of 1962-63 and rent has been paid till his death and thereafter up to 2008-09. Petitioner remained in peaceful possession over the said 1.25 acres of land. In the meantime, his father died on 26th Aug., 2006. Thereafter, on a query made through letter no.1113 dated 6th Dec. 2008 respondent no.3 intimated that an area of 22.23 acres of land was acquired from R.S. Plot no.343, Khata No.164 for the purposes of Aerodrome. Petitioner contends that his land does not form within the acquired area. He also sought information from the competent authority of Airport Authority of India which has been answered through Annexure-5 dated 11th Oct. 2011 on their behalf stating that Khata No.164, Plot No.343, area 39.68 acres of land is mutated in favour of the Airport Authority of India. Petitioner has been asked to approach the Land and Revenue authorities of the State Government in respect of the claim of compensation and notice, etc. Petitioner has, thereafter, made a representation to the Deputy Commissioner, Ranchi for compensation of the piece of land. It is also stated in the representation that there is a possibility that as per the Khatiyan the acquired land could be Gair Mazarua Khas land. However, he has made a prayer for payment of compensation.