NIWARAN PRASAD MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is under Article 226 of the Constitution of India whereby and whereunder the petitioner has sought for a direction to allot land for rehabilitation of displaced petitioner's family in lieu of acquisition of lands for Bokaro Steel Limited at Bokaro.

(2.) The brief facts of the case of the petitioner as per the pleadings made in the writ petition is that the State Government has initiated an acquisition proceeding sometime in the year 1962-63 in which lands belonging to the descendants of the petitioner have been acquired upon payment of compensation to the descendant namely Bhakru Mahto. The petitioner, being the legal heir of the original awardee, has approached to this Court by way of present writ petition seeking a direction upon the respondent State as also the Bokaro Steel Limited to provide a piece of land in lieu of acquisition made by the State Government for its onward transfer in favour of the Bokaro Steel Limited as the respondents failed to pay heed to his request made by filing the representation, the present writ petition has been filed.

(3.) Mr. Akash Bhushan, learned A.C. to Sr. S.C.-I appearing for the State as also Mr. Vijay Kant Dubey, learned counsel appearing for the Bokaro Steel Limited have vehemently submitted that the petitioner has not come out with any scheme showing his right for allotment of land in lieu of acquisition as also that the acquisition has been made sometime in the year 1962-63 but after lapse of about 50 years the present writ petition has been filed, therefore, on the ground of delay and laches the present writ petition is not fit to be maintainable.