RANBIR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for quashing the notification dated 27.06.1994 (Annexure-3 to the writ petition) issued by the Department of Revenue and Land Reforms, Government of Bihar under Section 4 of the Land Acquisition Act, 1894 and the Land Acquisition (Amendment) Act, 1984 so far as the same relates to acquisition of 90 Decimals of the petitioner's land appertaining to Mouza-Rohrabandh, Khata No. 269, Plot Nos. 555 and 555/5218 for the purpose of construction of Saraidhella-Patherdih Road (Phase-III) in Dhanbad district. The petitioner has also prayed for issuance of direction upon the respondents restraining them from taking the possession of the said land of the petitioner as no compensation and solaltium have been paid to him for acquisition of the said land.

(2.) Learned counsel for the petitioner submits that though the aforesaid land of the petitioner was acquired by the State Government in a land acquisition proceeding for the purpose of construction of the aforesaid road, yet he has not been paid any compensation for the same. It is further submitted that though the petitioner filed Money Suit No. 11/2006 before the Court of the Sub-Judge-VI, Dhanbad seeking decree in his favour for an amount of Rs. 6,20,000/- along with appropriate interest in form of compensation to be paid to him for acquisition of the said land which was dismissed vide judgment dated 15.07.2011, yet he is entitled for compensation as the respondents have acted upon the notification dated 27.06.1994 for acquisition of the land of the petitioner in Land Acquisition Case No. 106/93-B-40, however, the compensation has not been paid to him.

(3.) On the contrary, learned S.C. (Mines)-II appearing on behalf of the State of Jharkhand submits that the petitioner claiming compensation for acquisition of the land in question, filed the aforesaid money suit before the Civil Court which was dismissed on contest. According to the stand taken by the respondent authorities in the said suit, the aforesaid land of the petitioner was not acquired. As such, the present writ petition preferred by the petitioner claiming compensation for the land in question may not be entertained.