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Arun Kumar Vs. State of Jharkhand and ors

Arun Kumar vs State of Jharkhand and ors

Type Court Judgment Court Jharkhand Decided Jun 19, 2013
~3 min read
https://sooperkanoon.com/case/972438

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Citation
Court
Jharkhand High Court
Decided On
Subject
Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue
Land Acquisition

Parties & Advocates

Appellant / Petitioner

Arun Kumar

Respondent

State of Jharkhand and ors

Excerpt

.....to be treated as a displaced person and a certificate to that effect also. it is his case that despite his representation made in the year 2003 and subsequent application to the secretary, district level service authority, palamau in 2008, no action was taken. it is his case that large number of persons have been granted displaced certificate but he has been made to suffer.3. the respondent in their counter affidavit, on the other hand, have contested the claim of the petitioner as being hopelessly time barred as also the petitioner had not produced succession certificate to show his claim. it has further been stated that the land of the petitioner's father was acquired by the state and compensation has also been given. respondents therefore have denied the claim of the petitioner for treating him as a displaced person on the ground that an amount of rs. 33,226.30 was awarded to the petitioner in lieu of the acquisition of his house. in support of his contention, annexure- a dated 13th march 2010 issued by the special land acquisition officer, north koyal project, medninagar, palamau is annexed.4. counsel for the petitioner however disputed the aforesaid submission by stating that the compensation for the house has only been given as per annexure-2 dated 18th april 2007.5. after hearing the learned counsel for the parties, it appears that the acquisition relates to the year 1980 and an arbitration proceeding being arbitration case no. 5/85-86 was conducted and upon conclusion of which, compensation has been awarded to the petitioner to the tune of rs. 33,226.30 on 19th september 1990. the petitioner however never chose to challenge the quantum of the award or made any claim for issuance of the displacement certificate in the 1980's or 1990's. this petitioner has come before this court for seeking issuance of displacement certificate for the acquisition conducted in the year 1980. although, statements have been made that other displaced persons were issued.....

Full Judgment

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 5876 of 2009 --- Arun Kumar --- --- ---- Petitioner Versus The State of Jharkhand through the Deputy Commissioner, Garhwa& others --- --- --- Respondents --- CORAM: The Honble Mr. Justice Aparesh Kumar Singh For the Petitioner: Mr. Ananda Sen, Advocate For the State: Mr. Jay Shankar Tiwary, JC to SC-1 --- I.A. No. 3700 /2013 02/ 19.06.2013 The instant interlocutory application has been preferred for fixing an early date of hearing. The petitioner has approached this Court in the present writ application for directing the respondents to declare him a displaced person and grant displaced certificate with all consequential benefits.

2. From the averments made in the writ application and statements of the petitioner, it appears that it is the case of the petitioner that under Kutuk Jalasya Yojna, his land falling under Khata No. 1, Khesra No. 897 of village-Bhagdari, P.S.-Bhandariya, District- Palamau, was acquired sometime in the year 1980 and thereafter, an arbitration proceeding being Arbitration Case No. 5/85-86 was initiated. After conclusion of the arbitration proceeding, compensation of Rs. 33,226.30 was awarded and received on 19th September 1990. However, it is the case of the petitioner that pursuant to such acquisition and the land acquisition policy, he was entitled to be treated as a displaced person and a certificate to that effect also. It is his case that despite his representation made in the year 2003 and subsequent application to the Secretary, District Level Service Authority, Palamau in 2008, no action was taken. It is his case that large number of persons have been granted displaced certificate but he has been made to suffer.

3. The respondent in their counter affidavit, on the other hand, have contested the claim of the petitioner as being hopelessly time barred as also the petitioner had not produced succession certificate to show his claim. It has further been stated that the land of the petitioner's father was acquired by the State and compensation has also been given. Respondents therefore have denied the claim of the petitioner for treating him as a displaced person on the ground that an amount of Rs. 33,226.30 was awarded to the petitioner in lieu of the acquisition of his house. In support of his contention, Annexure- A dated 13th March 2010 issued by the Special Land Acquisition Officer, North Koyal Project, Medninagar, Palamau is annexed.

4. Counsel for the petitioner however disputed the aforesaid submission by stating that the compensation for the house has only been given as per Annexure-2 dated 18th April 2007.

5. After hearing the learned counsel for the parties, it appears that the acquisition relates to the year 1980 and an arbitration proceeding being Arbitration Case No. 5/85-86 was conducted and upon conclusion of which, compensation has been awarded to the petitioner to the tune of Rs. 33,226.30 on 19th September 1990. The petitioner however never chose to challenge the quantum of the Award or made any claim for issuance of the displacement certificate in the 1980's or 1990's. This petitioner has come before this Court for seeking issuance of displacement certificate for the acquisition conducted in the year 1980. Although, statements have been made that other displaced persons were issued displacement certificate, but are conspicuously silent whether such certificates were issued in the 1980's or 1990's or recently before filing of this writ application. In any case, the petitioner has chosen to sit over the matter for almost two decades after award of compensation. At this belated stage, this Court is not inclined to pass any order or direction in the present writ application. Accordingly, the writ petition and the I.A. are rejected. (Aparesh Kumar Singh, J) Ranjeet/

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