ARYAN VISHWAKARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for direction upon the respondents to pay compensation to the petitioner on account of acquisition of his land appertaining to Plot No. 103/9, Khata No. 53, Thana No. 120, Mouza-Masipirhi, measuring an area of 0.05 decimal acquired for widening of NH-33. Further prayer has been made to pay compensation to the petitioner under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as 'the Act, 2013') as the award was made in the year 2011.

(2.) The factual background of the case, as stated in the writ petition, is that the father of the petitioner purchased a piece of land appertaining to Plot No. 103/9, Khata No. 53, Thana No. 120, Mouza-Masipidi measuring an area of 0.10 decimals (hereinafter referred to as 'the said land') through registered sale deed dated 11.06.1983. The said land was subsequently mutated in the name of the petitioner and he is paying rent to the revenue authorities regularly and a pucca house over the same has also been constructed. The said land was notified for acquisition for widening of NH-33. Award No. 27 was prepared and the petitioner was asked to receive compensation of Rs. 1,65,563.71 on 27.06.2011. However, when the petitioner went to receive the same, he was not paid the compensation. He approached the respondent authorities on several occasions for payment of compensation, but all went in vein. Suddenly, the district authorities came with bulldozer and partly demolished the house of the petitioner in spite of the objection of the petitioner. The petitioner protested against the said demolition and non-payment of compensation through legal notice to the respondent authorities, however, no compensation has been paid to him as yet.

(3.) The learned counsel for the petitioner submits that the State Government has floated a scheme whereby it has been resolved that a person, who is in possession of Gair-Mazarua land for thirty years, will be paid compensation in case of dispossession. The petitioner is a rightful owner of the said land through registered sale deed and he is also paying rent, however, his house has been forcibly demolished without paying any compensation that too in violation of the principles of natural justice. The respondents have completely overlooked the provisions of the Land Acquisition Act and the law laid down by the Honourable Courts in this regard. The action of the respondents amounts to infringement of the fundamental and legal rights of the petitioner. The petitioner is entitled to get compensation for his land and building under the Act, 2013 as the award was made in the year 2011, but till today the compensation has not been paid.