NARAYAN MAHATO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner, Respondent State and the BCCL.

(2.) In respect of an acquisition made in terms of notification i.e. 01.09.1987 for acquisition of land at Mouza Nagrikala, Block Baghmara, District Dhanbad for the purpose of Respondent Bharat Coking Coal Limited, Dhanbad, petitioners claiming themselves to be the heir of the recorded tenant of the said Mouza contend that neither the acquired land has been taken possession of nor being used. They have accordingly made prayer for de-acquisition under Section 48 of the Land Acquisition Act, 1894. Relevant supporting documents relating to the acquisition however are lacking.

(3.) Learned counsel for the petitioners now contends that in view of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 having come into force w.e.f. 1.1.2014, under Section 24 thereof, the acquisition itself may have lapsed. Petitioners have also approached the Deputy Commissioner, Dhanbad earlier but without any redress.