The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 5108 of 2016 Shree Sammedshikhar Digamber Jain Bispanthi Upraali Kothi, Madhuban, P.S. Peertand, P.O. Shikharjee, District Giridih its Manager Sudhakar Kondiba Annadate son of Kondiba Rukubdasw Annadate, resident of Bispanthi Kothi Shikharji, Isri Bazar, P.O. Isri .......... Petitioner Bazar, P.S. Nimiaghat, District -Giridih. through Versus 1. The State of through Chief Secretary, Jharkhand, Ranchi, having its office at Project Building, P.O. & P.S. Dhurwa, District Ranchi. Jharkhand 2. Deputy Commissioner, Giridih, P.O. & P.S. Giridih, District Giridih. 3. Engineer-in-Chief, Road Construction Deptt., Jharkhand, Ranchi, having its office at Project Building, P.O. & P.S. Dhurwa, District Ranchi. 4. Divisional Forest Officer, Giridih, having its office at Mohanpur, P.O. & P.S. Mohanpur, District Giridih. 5. Circle Officer, Peertand, P.O. Shikiharjee, P.S. Peertand, District- Giridih 6. Chief Engineer, Jharkhand Development Authority, Govt. of Jharkhand, Ranchi State Rural Road 7. Executive Engineer, REO, Rural Development Department, Road Works Division, Giridih ........... Respondents
Legal Reasoning
For the Petitioner : Mr. Rajesh Kumar, Adv. Mr. Manindra Kr. Sinha, Adv. Mr. Amit Kumar, Adv. For the Respondents : Ms. Laxmi Murmu, GP I. Mr. Navneet Toppo, AC to GP I. P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY By the Court:- Heard the parties. 2. This writ petition has been filed under Article 226 of the Constitution of India with prayer for direction to the respondents to forthwith stop construction of the road 1 W.P. (C) No. 5108 of 2016 in Khata No. 36, plot no. 146 of Mouza Madhuban, Dist.- Giridih, which the respondents are constructing illegally and without making payment of compensation for the same and prayer has also been made to make payment of compensation to the petitioner, in lieu of the acquired land to the tune of Rs. 2,13,40,189.20/-. 3. The case of the petitioner is that the petitioner is the owner of land measuring total area of 165 Acre, containing plot nos. 248 and 146 of Mouza – Madhuban, P.S.- Peertand, Dist.- Giridih. The said land was settled in the raiyati right with Kothi in the name of Mauzila. Title Suit no. 117 of 1957 was instituted in the court of Munsif, Giridih, and the said suit was decreed in favour of the petitioner vide Judgement dated 14.12.1962 and the petitioner’s right over the suit property was declared and the defendant, being the then State of Bihar, was directed to give khas possession of the suit property to the Bees Panthi Kothi within a month, from the date of the judgment. The decree passed by the Munsif, in Title Suit no. 117 of 1957 was upheld in Title Appeal no. 9/33 of 1963/66 and in Execution Case no. 2/68, the suit property, which was also the subject matter of the writ petition was delivered to the petitioner society through the process of civil court on 18.05.1969. The order passed by the Additional Subordinate Judge, Hazaribagh in Title Appeal No. 9/33 of 1963/66, has not been challenged and the same has attained finality. In BPLE Case no. 13 /99, the Deputy Commissioner, Giridih, vide order dated 04.11.2000, held that the possession of the land in question, has been granted to the petitioner by the civil court. The High Court in CWJC No. 1872 of 2001 vide order dated 16.04.2003, though quashed the order of the authority concerned but vide order dated 2 W.P. (C) No. 5108 of 2016 30.10.2017, in LPA No. 553 of 2003, Hon’ble Division Bench of this Court, dismissed the LPA No. 553 of 2003 filed by the State of Jharkhand through the Divisional Forest Officer. The petitioner has been continuously paying land revenue to the State authority in respect of the said lands. The respondents suddenly started constructing road in the petitioner’s land, without paying compensation, ignoring the objection of the petitioner. 4. It is submitted by learned counsel for the petitioner that as per the records available in the office of the District Registrar, Giridih, the government rate for the village Madhuban is Rs. 82,522/- per decimal and as per Section 26 read with Section 30 of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013, the petitioner is entitled to four times of the compensation of the government rate entitled and total 64.65 Decimals of land belonging to the petitioner, has been utilised by the respondents, hence, it is submitted that the petitioner is entitled to a compensation amount of 64.65 X Rs. 82,522/- X 4 = Rs. 2,13,40,189.20, hence, it is submitted that the said prayer of the petitioner be allowed. 5. Learned counsel for the respondents submits that the respondent no. 3 in its counter affidavit, has pleaded that the writ petition involves disputed questions of facts, hence, the prayer of the petitioners ought not to be allowed. 6. Learned counsel for the respondents pleaded that under Parashnath Region of the Road Construction Department, Road Division, Giridih, Madhuban branch road has been constructed, starting from Madhuban More (NH-114 A) and terminates at the top of Parasnath 3 W.P. (C) No. 5108 of 2016 Hill, i.e. Sammed Shikar and the road is about 13 K.M. long. The road map of the year 1927 and 1944, shows that the road was constructed during the British period, though the Road Construction Department has carried out several times the work of strengthening as well as repair work without any objection from the petitioner or for that matter from anybody else and plot nos. 146 and 248 are far from Madhuban Branch Road and the petitioner’s claim is not related to Road Construction Department, Road Division, Giridih. 7. The respondent nos. 2 and 5, in their counter affidavit, have pleaded that the construction of road has already completed. 8. The respondent nos. 6 and 7, in their counter affidavit, have pleaded that the Circle Officer, Peertand, Giridih, informed the respondent nos. 6 and 7 that Khata no. 36, Plot no. 146, Raqba / Area -44 Acres, Mauja- Madhuban, Giridih, is the place where the road has been constructed and the type of the land in which, the construction of road has been mentioned as Gairmajurwa- Khaas, as per the Khatiyan and the said road has been constructed under the State sponsored scheme of the year 2016, reflected in serial no. 10 and the name of the Project was Madhuban Mode (from Jain Hospital to Pahadtalli) and since the road has been constructed in the year 2016 on Gair Majurwa Khaas Land, there is no question that the answering respondents have to pay the compensation to the petitioner. 9. It is further submitted by learned counsel for the respondents that the petitioner in his supplementary affidavit dated 12.03.2024, has calculated the compensation amount, as per the revised rate with effect 4 W.P. (C) No. 5108 of 2016 from 01.08.2022 of the office of the District Registrar, Giridih but since the road was undisputedly constructed in the year 2016, the petitioner will be entitled to compensation only at the rate, that was prevalent in the year 2016. 10. Having heard the submissions made at the bar and after going through the materials available in the record, the undisputed facts remains that the road has been constructed over the Khata no. 36, Plot no. 146, Mauza- Madhuban, Giridih. Perusal of the judgment passed by the Munsif Giridih in Title Suit No. 117 / 57 which was confirmed in Title Appeal No. 9/33 of 1963/66 and the said judgment of learned Additional Subordinate Judge, Hazaribag, passed in Title Appeal No. 9/33 of 1963/66 has not been challenged and has reached finality. So, it is no more open to the State of Jharkhand which has stepped into the shoes of State of Bihar after the bifurcation of the then State of Bihar that the said judgment and decree is not binding upon it ; as the State of Bihar was a party, both in Title Suit no. 117/ 57 and in Title Appeal No. 9/33 of 1963/66. Hence this Court is of the considered view that the petitioner is entitled to the compensation in respect of the 64.65 Decimals of land as mentioned in detail, in Annexure 6 to the Supplementary Affidavit dated 12.03.24, filed in this writ petition and the veracity of which, has not been questioned by the respondents, as the respondents have not filed any counter affidavit to the same, nor questioned the veracity of the same, albeit, that the compensation has to be paid at the market rate, which was prevalent in the year 2016. 11. Accordingly, this writ petition is disposed of directing the respondent no. 6 being Chief Engineer, Jharkhand 5 W.P. (C) No. 5108 of 2016 State Rural Road Development Authority, Govt. of Jharkhand, Ranchi, to pay compensation at the rate prevalent in the year 2016 in respect of the 64.65 Decimals of land used for construction of the road, as mentioned in Annexure 6 to the Supplementary Affidavit dated 12.03.24, filed in this writ petition, within four months from the date of the receipt / production of this judgment before it. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated, the 4th April, 2024 Smita /AFR 6 W.P. (C) No. 5108 of 2016