LAWS(JHAR)-2017-7-108

ARUN CHANDRA MAHATO Vs. STATE OF JHARKHAND

Decided On July 17, 2017
Arun Chandra Mahato Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) Heard learned counsels for the parties.

(2.) The present writ petitions have been filed by the petitioners for issuance of direction upon the respondents to make payment of compensation for the residential houses as well as the wells situated over Plot Nos. 581 [W.P.(C) No. 7107/2006] and 596 [W.P(C) No. 6658/2006] respectively, Village-Murugdih, Thana-Chandil (Nimdih), Thana No. 96, District-Saraikella-Kharswan, which were also acquired in addition to their agricultural land with suitable interest over the same. The petitioners have also prayed for quashing the orders contained in Memo No. 1248 dated 12.09.2006 and Memo No. 1247 dated 12.09.2006 respectively, issued by the respondent No. 4 whereby the claim of the petitioners was rejected on the ground that since the lands in question have not been acquired, hence the question of payment of compensation does not arise.

(3.) Learned counsel for the petitioners submits that the petitioners are the displaced persons of Swarnrekha Multipurpose Project, Chandil. Besides the agricultural lands of the petitioners, their residential houses as well as wells were also acquired by the respondents, but no compensation has been paid to them for acquisition of their residential houses and wells due to the lapses on the part of the respondents. Learned counsel invites attention of the Court towards various communications made by the authorities under the Swarnrekha Multipurpose Project, Chandil and submits that the petitioners should also be awarded compensation for their residential houses and wells. Accordingly, the impugned orders passed by the respondent No. 4 may be set aside.