NAGESHWAR PRASAD MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The writ petition is under Article 226 of the Constitution of India whereby and whereunder direction has been sought for for initiating fresh proceeding under Section 24(2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

(2.) It is the case of the petitioner that the land in question has been acquired sometime in the year 1980-81 by virtue of a proceeding initiated being Land Acquisition Case No.46 of 1980-81 for the coal mining in Pundi Village, Mandu Block of District-Ramgarh in Khata No.73 Plot No.225 and 226 total area comprising of 0.19 acres. Award was prepared on 02.01.1989 in favour of grand-father of the petitioner but no compensation amount has been paid to the raiyats.

(3.) The petitioner, being dissatisfied with the quantum of the awarded amount by the land acquisition authority, has made reference under the provision of Section 18 of the Land Acquisition Act, 1894 which ultimately culminated into an order passed by virtue of writ and award was prepared on 08.01.2007 as would appear from Annexure-2 to the writ petition but the beneficiary i.e., in whose favour the State has acquired the land has filed first appeal before this Court being First Appeal Nos.10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 25 of 2007 in which due appearance has been made by the petitioners and after hearing the parties an order was passed on 16.08.2019 determining the rate of the amount of compensation per decimal.