SAIRUN NISHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The appellants are aggrieved of the order dtd. 9/12/2016 passed in W.P.(C) No. 6978 of 2011 by which their prayer seeking a direction in the nature of injunction to the respondents and, in the alternative, for payment of compensation has been declined.

(2.) The appellant-writ petitioners claiming themselves descendants of one Burwa Seikh have staked independent claim of title over the lands comprised under plot no. 520 under khata no. 138, plot no. 527 under khata no. 129 and plot no. 522 under khata no. 26 at mouza-Ramgarh. They have objected to the alleged unauthorized construction of Pet Clinic within the campus of Veterinary Hospital, without a valid acquisition and payment of compensation to them.

(3.) Before the writ Court, the writ petitioners relied on the judgment dtd. 18/12/1931 in Title Suit No. 207 of 1929 by which the acquisitions under sec. 50 of the CNT Act, 1908 vide Case No. 01 of 1926-27 in respect of the lands comprised under plot nos. 522, 527 and 520 were declared null and void, to claim their right, title and interest over the said piece of land. The total extent of land involved in the suit was 71 decimals. They have also relied on the information furnished to them in response to the query made through R.T.I. vide letter dtd. 10/5/2012 to establish that the respondents were raising illegal construction over their lands. The following informations were furnished to them;