Deepak Kumar Thakur, aged about 39 years, son of late Kripal Thakur, resident of v. 1. The State of Jharkhand 2. Deputy Commissioner, Chatra, P.O. Chatra, P.S. Chatra, District
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 2385 of 2022 Deepak Kumar Thakur, aged about 39 years, son of late Kripal Thakur, resident of village Raham, P.O. Tandwa, P.S. Tandwa, District-Chatra … … Petitioner Versus 1. The State of Jharkhand 2. Deputy Commissioner, Chatra, P.O. Chatra, P.S. Chatra, District- Chatra 3. District Land Acquisition Officer, Chatra, P.O. Chatra, P.S. Chatra, District-Chatra 4. Circle Officer, Tandwa, P.O. Tandwa, P.S. Tandwa, District-Chatra 5. General Manager, National Thermal Power Corporation Project, Tandwa, P.O. Tandwa, P.S. Tandwa, District-Chatra … … Respondents With W.P. (C) No. 2366 of 2022 Dhupia Devi, aged about 62 years, wife of late Kripal Thakur, resident of village Tandwa, P.O. P.S. Tandwa, District Chatra … … Petitioner Versus 1. The State of Jharkhand 2. Deputy Commissioner, Chatra, P.O. and P.S. Chatra, District- Chatra 3. District Land Acquisition Officer, Chatra, P.O. and P.S. Chatra, District-Chatra 4. Circle Officer, Tandwa, P.O. Tandwa, P.S. Tandwa, District-Chatra 5. General Manager, National Thermal Power Corporation Project, Tandwa, P.O. Tandwa, P.S. Tandwa, District Chatra … … Respondents With W.P. (C) No. 2371 of 2022 Baleshwar Kumar Thakur, aged about 42 years, son of Late Kripal Thakur, resident of village Raham, P.O. Raham, P.S. Tandwa, District-Chatra Petitioner … … Versus 1. The State of Jharkhand 2. Deputy Commissioner, Chatra, P.O. and P.S. Chatra, District- Chatra 3. District Land Acquisition Officer, Chatra, P.O. and P.S. Chatra, District-Chatra 4. Circle Officer, Tandwa, P.O. Tandwa, P.S. Tandwa, District-Chatra 5. General Manager, National Thermal Power Corporation Project, Tandwa, P.O. Tandwa, P.S. Tandwa, District Chatra … … Respondents With W.P. (C) No. 2479 of 2022 Dilip Kumar, aged about 45 years, son of Late Kripal Thakur, resident of village Raham, P.O. Raham, P.S. Tandwa, District-chatra … … Petitioner 2 Versus 1. The State of Jharkhand 2. Deputy Commissioner, Chatra, P.O. and P.S. Chatra, District- Chatra 3. District Land Acquisition Officer, Chatra, P.O. and P.S. Chatra, District-Chatra 4. Circle Officer, Tandwa, P.O. Tandwa, P.S. Tandwa, District-Chatra 5. General Manager, National Thermal Power Corporation Project, Tandwa, P.O. Tandwa, P.S. Tandwa, District Chatra … … Respondents --- CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY For the Petitioners For the NTPC For the State
Legal Reasoning
--- : Mr. Suraj Singh, Advocate (In all cases) : Mr. Prashant Pallav, Advocate : Ms. Shivani Jaluka, Advocate : Mr. Rahul Saboo, G.P. II : Mr. Saurav Mahto, A.C. to G.P. II (In W.P. (C) No. 2371 and 2479 of 2012) : Mr. Ashwini Bhushan, A.C. to Sr. S.C. II (In W.P. (C) No. 2366 of 2022) --- 07/12.06.2023 Learned counsel for the parties are present. 2. These writ petitions have been filed for the following reliefs:- (i) For the respondents issuance of show cause upon particularly respondent Nos. 3 and 5 as to how without granting compensation/rehabilitation to the petitioner, the land of the petitioner situated at village Raham, Thana-Tandwa, Thana No. 62, Khata No. 367, area 0.23 decimals and land situated at Mouza Tandwa, Thana- Tandwa, Thana No. 57, Khata No. 36, area 23 decimals, has been acquired by the National Thermal Power Corporation Project. (ii) Upon showing no cause or insufficient cause further be pleased to direct the respondents particularly respondent nos. 3 and 5 to grant compensation/rehabilitation to the petitioner for the land situated at village Raham, Thana-Tandwa, Thana No. 62, Khata No. 367, area 0.3 decimals and land situated at Mouza Tandwa, Thana- Tandwa, Thana No. 57, Khata No. 36, area 23 decimals. 3. All the four writ petitions have been tagged and counter affidavit has been filed by NTPC in W.P. (C) No. 2385 of 2022 which has been taken into consideration in connection with all the writ petitions. 4. Learned counsel for the petitioners has submitted that these four writ petitions have been clubbed, as they relate to same property. He submits that so far as writ petition No. 2366 of 2022 is concerned, the petitioner Dhupia Devi is the mother of petitioners in other aforesaid connected writ petitions. The learned counsel has submitted that the petitioners are aggrieved by the fact that the petitioners have not been 3 granted compensation in connection with the structures standing over the land involved in the present case. 5. Learned counsel for the respondents has referred to the counter affidavit and has submitted that the shifting allowance has been calculated and the same is to be paid for which notice was also issued by NTPC (North Karnpura) for submitting the relevant documents for taking compensation of structure and shifting grant. Learned counsel has also referred to paragraph 11 and 16 of the counter affidavit. He submits that consent is required to be given by all the legal heirs of Late Rohan Thakur, s/o late Surjan Thakur in favour of the petitioners or his mother or his brothers which would be a pre-condition for disbursement of compensation in the name of one or the other person. 6. The learned counsel for the respondents has also submitted that the surviving grievance of the petitioners can be looked into by the respondent No. 2 who can also be directed to grant an opportunity of hearing to other persons, who might have any claim in connection with the land/amount involved in the present case. 7. After hearing the learned counsel for the parties this court finds that primarily the grievance of the petitioners is in connection with payment of compensation/shifting allowance. In paragraph 4,11, and 16 following statements have been made in the counter affidavit which read as under: - 4. That before giving para wise reply the answering respondent giving following facts for proper adjudication of the matter: - a. That the Land situated at Mouza Raham, Thana Tandwa, Thana No. 62, Khata No. 367 area 0.23 acre falls under Govt land (Gairmazarua Khas), as per available land record provided by District Administration, Chatra. This plot is transferred to NTPC North Karanpura Power Project after approval of Govt of Jharkhand in the year 2015. b. That as per Govt. circular bearing No. 334 dated 14.05.2009 issued by Shri Bharat Ram, Undersecretary, Revenue and Land Reforms Department, Government of Jharkhand, beneficiaries who is having possession over Govt land for more than 30 years and their name appeared in revenue record or they are paying rent for more than 30 years, shall be paid grant to them, equivalent to private land. In addition to that, amount for "Salami" and Malgujari" shall also be paid to the Govt for transfer of Govt. Land. c. That accordingly Certification of Govt. Land Khata No. 367, Plot No. 2 measuring area of 0.23 acres of village Raham Thana No. 62, in the name of Kripal Thakur S/O Rohan Thakur (Father of petitioner) was communicated to NTPC North Karanpura by District Administration, Chatra vide Letter No. 308 dated 22.05.2014. 4 d. That subsequently, payment of aforesaid Govt. Land has been made to Dhupeshwari Devi W/o Late Kripal Thakur (Mother of petitioner) on 13.08.2015. Therefore, no payment due from NTPC side in this regard. It is pertinent to mention here that name Dhupeshwari Devi and Dhupia Devi is the same person. e. That the Land situated at Khata No. 16. Plot No. 2451 measuring area of 0.21 acces and 0.46 acres, thana No. 58 falls under Private Land, as per available land record provided by District Administration, Chatra These places have been acquired in 2006 through Land Acquisition Act 1894 and possession of land was handed over to NTPC North Karanpura Power Project by District Land Acquisition Officer (DLAO), Chatra in the year 2007. f. That the payment of aforesaid Private Land was disbursed to Dhupeshwari Devi wife of Late Kripal Thakur (Mother of Petitioner) on 22.08.2007 by District Land Acquisation Officer, Chatra. g. That accordingly, Rehabilitation Grant of said private land has also been paid to Dhupeshwari Devi wife of Late Kripal Thakur (Mother of petitioner) on 11.02.2015 by NTPC North Karanpura based on the payment receipt voucher and valuation prepared by District Land Acquisition Officer, Chatra. h. That the District Administration, Chatra also certified two houses over the Govt. land situated at Khata No 367 Plot No. 2. The first in the name of Thakur son of Surjan Thakur (Grand Father of Petitioner) mentioned at Sl. No 23/16 and second is in the name of Thakur S/O Rohan Thakur (Father of Petitioner, as confirmed by petitioner) mentioned at Sl. No 7/54. i. That the notice has also been issued by NTPC North Karanpura for submitting of relevant documents for taking compensation of structure and Shifting grant time to time. Petitioner has denied to submit the same. 11. That so far as statement made in para 13 of the writ petition under reply it is stated that the NTPC North Karanpura paying the structure cost on the basis of certification and valuation provided by District Administration, Chatra. Over and above Shifting grant of Rs 7.0 Lakh per structure are also being paid by NTPC. Hence compensation of first house is Rs. 16.53 lakh (Rs. 9.53 lakh structure cost and 7.00 lakh Shifting Grant) and Second House is Rs 13.81 lakh (Rs 6.81 lakh structure cost and 7.00 lakh Shifting Grant) Total Rs 30.34 lakh is to be given by NTPC only after consent is given by all legal heirs of Lt. Rohan Thakur S/O Lt Surjan Thakur, in favour of petitioner or his mother Dhupeshwari Devi W/O Lt Kripal Thakur or his brothers i.e. Dilip Thakur and Baleshwar Thakur both S/O Lt Kripal Thakur. 12.That so far as statement made in para 11 & 12 of the writ Petition under reply, it is submitted that the same has already been answered while dealing brief fact of the case. 16. That so far as statement made in paras 19 & 24 of the petition under reply, it is stated that the petitioner (Deepak Kumar Thakur), his brothers and his mother want to take separate Shifting grant of Rs 7.00 lakh each, i.e Rs 14.00 lakh extra compensation over and above Rs 30.34 Lakh, which is not permissible in eyes of law in view of the certified list provided by District Administration, Chatra after survey and valuation of the houses. The petitioners are demanding 14 lakhs extra to which they are not entitled for. The relief sought for by the petitioner is misconceived and as such it is fit to be dismissed. 8. This court is of the considered view that the surviving grievance of the petitioners is to be looked into at the first instance by 5 the Deputy Commissioner, as submitted by the learned counsel appearing on behalf of the State. It appears from para 11 of the counter affidavit, that consent is required from all legal heirs of Lt. Rohan Thakur S/O Lt Surjan Thakur, in favour of petitioner or his mother Dhupeshwari Devi W/O Lt Kripal Thakur or his brothers i.e. Dilip Thakur and Baleshwar Thakur both S/O Lt Kripal Thakur for releasing the amount mentioned in the said para of the counter
Decision
affidavit. Although it has been stated by the writ petitioners that such consent is not required in view of the certain title deeds which has been filed by them in the writ petition but this aspect of the matter is also required to be considered by the respondent No. 2 in the light of the other available records. 9. Accordingly, these writ petitions are disposed of enabling the petitioners of all these cases, who belong to the same family, to jointly approach the respondent No. 2 by filing a detailed representation with supporting documents and a copy of the writ records and a copy of this order on 3rd of July, 2023. In the representation, they may also disclose the persons whose right may be affected i.e all the legal heirs of late Rohan Thakur S/O Lt Surjan Thakur (as mentioned in para 11 of the counter affidavit). Upon filing of the representation of the petitioners, the respondent No. 2 shall do the needful and pass a reasoned order with regard to the entitlement of the petitioners or one or the other person, which has been mentioned in para 11 of the counter affidavit, after granting an opportunity of hearing to all the concerned persons. In case, of any dispute, in connection with entitlement, it will be open to the respondent No. 2 to take appropriate steps in terms of Land Acquisition Act, 1894 so that the inter-se- dispute amongst the persons appearing before the respondent No. 2 is ultimately taken to a logical end. The needful be done by the respondent No. 2 and reasoned order be passed within a period of three months from the date of receipt of representation. 10. Pending I.As, are closed. Binit (Anubha Rawat Choudhary, J.)