VISTHAPIT KISAN SANGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is filed under Article 226 of the Constitution of India on behalf a Sangh namely Visthapit Kisan Sangh, Devipur, Deoghar, through its Secretary for raising the issue that they have not properly been compensated and amount of compensation as also the possession of land has not been taken and the award has been passed of more than five years, therefore, the instant case falls under the purview of provision of Section 24(2) of the Right Fair Compensation Transparency in Land Acquisition, Rehabilitation, Resettlement Act, 2013, hereinafter referred as the Act, 2013 and therefore, the appropriate direction has been sought for to initiate a fresh proceeding under the new Act, 2013 in view of the fact that three ingredients as referred above is mated out, the proceeding initiated under the provision of Land Acquisition Act, 1894 will be vitiated and the fresh proceeding will be initiated under the provision of new Act, 2013.

(2.) Counter affidavit has been filed by the State of Jharkhand wherein the factual aspect as has been pleaded in the writ petition has seriously been disputed showing therein that it is the case which does not fall under the category of applicability of the provision of Section 24(2) of the Act, 2013 since it is admitted case of the petitioner that the amount of compensation has been paid but its quantity is meager, therefore, the amount of compensation has been received although it is meager as per the petitioner, hence the case will not fall under the provision of new Act, 2013.

(3.) Having heard the learned counsel for the parties and after appreciating their rival submissions advanced on their behalf this Court needs to deal with the issue as to whether the instant case is fit to be considered under the provision of Section 24(2) of the Act, 2013 which reads as under:-