SHANTI DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this writ petition the petitioner has prayed for a direction on the respondent -(Deputy Commissioner and Superintendent of Police, Dumka) to handover the possession of the land to the petitioner which has been illegally and forcibly attached with the land acquired for the purpose of constructing a Police Station at Kathikund, Dumka. According to the petitioner, certain portion of lands of Plot Nos. 235, 236, 237,238, 239, 240, 241, 242, 243 were acquired for construction of Thana building in L.A.Case No. 11/62 -63. The area of the acquired land was 1.44 Acres. But the remaining portion of the land, which was not acquired, has been also occupied forcibly for the purpose of the Police Station. The petitioner made complaint before the concerned authority. On the representation of the petitioner, the Sub -Divisional Officer, Dumka directed the Anchal Office to take measurement through the Anchal Amin and to demarcate the said land. Two Anchal Amins were deputed for the said purpose and they measured the land and demarcated the portion of the excess occupied land. But in spite of the said demarcation, the Police has been forcibly occupying the petitioner's remaining land. The petitioner, thereafter, filed representation before the Sub - Divisional Officer, Dumka for handing over the possession of the remaining land to the petitioner. The Sub -Divisional Officer, Dumka by his Memo No. 418 dated 16.4.01 directed the Anchal Adhikari, Kathikund to handover the remaining land to the petitioner on the basis of the demarcation made by the Anchal Amin.But in spite of the clear demarcation and the order of the Sub -Divisional Officer, Dumka the excess land which is in forcible occupalion of the Police Station, has not been released. The petitioner filed several representations and also made several requests, but the same were not heeded upon.

(2.) WHEN the case was listed for the first time on 30.1.04, prayer was made on behalf of the respondents for four weeks' time to file counter affidavit, but the counter affidavit was not filed. When the matter was taken up on 1.8.06, prayer was again made for further four weeks' time to file counter affidavit. Time was granted, subject to payment of cost of Rs. 1,000/ - to the petitioner. When the case is taken up after more than a year from the last date of adjournment and after more than three years from the first date of adjournment, the respondents are still not ready with any counter affidavit nor any satisfactory reply has been given to the petitioner's claim made in the writ petition.

(3.) ON perusal of the records, it is evident that the petitioner's portion of land which was not under acquisition has been also kept under forcible occupation by the police of the Kathikund Police Station, in spite of clear demarcation and the order of the Sub -Divisional Officer. The police which is the Govt. Agency meant for maintenance of law and order has been forcibly occupying the petitioner's land. The said attitude of the respondents goes to show the highhandedness of the police. The respondents have even not cared to file counter affidavit for about more than three years in spite of time granted on 30.1.04. On 1.8.06, time was granted subject to payment of Rs. 1,000/ - to the petitioner, but the respondents have not even complied with the said order of this Court and as reported by the petitioner, the cost has also not been paid to the petitioner till date which shows the hostile and defiant attitude of the respondent even towards the Court's order as well. In view of the above and in the circumstance of the case, this writ petition is disposed of giving direction to the Deputy Commissioner as also the Superintendent of Police, Dumka to ensure that the excess land, as has been directed by the Sub -Divisional Officer by his Memo No. 418 dated 16.4.01, must be handed over to the petitioner atongwith the compensation @ 1,000/ - per annum from the date the said land has been occupied alongwith the cost of Rs. 5,000/ - and Rs. 1,000/ -. as was earlier directed to be paid by the order of this Court dated 1.8.06, within a period of four weeks from the date of receipt/production of a copy of this order. If the said amount of compensation and cost are not paid within the said period, the said amounts shall carry interest @ 10% per annum till final payment. The State Government shall be at liberty to realize the amount of penal interest from the erring official(s).