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IN THE HIGH COURT OF JHARKHAND AT RANCHI
APARESH KUMAR SINGH, J.
Pradeep Kumar Roy & Ors. - Petitioners
Vs.
The State of Jharkhand & Ors. - Respondents
W. P. (C) No. 6084, 6085, 6086, 6100, 6111, 6114, 6115, 6123, 6126, 6130, 6134, 6135, 6140, 6141, 6151, 6186 of 2016
Decided On : 05-05-2017
Land Restoration - Land Acquisition - National Highways Act, 1956 - Section 3-A, 3-C, 3-D, 3-E, 3-F, 3-G, 3-H - The court quashed the impugned orders for restoration of land as they were not maintainable after the vesting of land in favor of the Central Government on the issuance of notification under section 3-D(1) of the Act of 1956. The court allowed the writ petitions and vacated any interim orders.
Fact of the Case:
The case involved the restoration of land in favor of Khatiyani Raiyat, which was acquired for widening of National Highway-23. The National Highways Authority of India had initiated acquisition proceedings, and the land had vested in the Central Government. The Land Reforms Deputy Collector directed restoration of the land to the recorded Raiyat, which was challenged in the writ petitions.
Finding of the Court:
The court found that the impugned orders for restoration of land were not maintainable after the vesting of the land in favor of the Central Government. The court quashed the impugned orders and allowed the writ petitions.
Issues: The issues involved the legality of the restoration orders in light of the vesting of land in the Central Government and the statutory provisions of the National Highways Act, 1956.
Ratio Decidendi: The court held that once the land had vested in the Central Government, no party could seek restoration of the land. The court also emphasized that the impugned orders for restoration were not maintainable after the vesting of the land in favor of the Central Government.
Final Decision: The court allowed the writ petitions, quashed the impugned orders, and vacated any interim orders. The court refrained from making further observations on the objections raised by the respondent no. 10 before the competent authority.
Heard learned counsel for the parties.
2. In all these writ petitions common issues are involved and therefore they have been heard together.
3. By the impugned orders of the same date 27th August, 2016 in respective S.A.R Cases in all these writ petitions, the Respondent-Land Reforms Deputy Collector, Chas, Bokaro has directed restoration of land indicated therein in favour of Khatiyani Raiyat. The text and context of all the impugned orders are also the same.
4. For the convenience sake, facts as have been pleaded in W.P.(C) No. 6084 of 2016 by the rival parties are being noticed hereinafter. At the same time, a Chart containing details of individual writ petitioners; initial date of transfer from Khatiyani Raiyat through registered sale deed; registered sale deed numbers and dates on which petitioners' family purchased the land; Sub Plot numbers; total area transferred (in decimal); area acquired for N.H-23 (in decimal) and area for which restoration in S.A.R Case in individual cases have been sought for are also indicated hereinafter. The lands in question are situated at Village-Marafari, Thana no. 169, Khata no. 23, Plot no. 4807, Circle-Chas, Bokaro.
In all cases, the land in question is situated at Village Marafari, Thana No. 169, Khata No. 23, Plot No. 4807, Circle Chas, District Bokaro
Sl. No. Case No. Party Name Initial date of transfer from Khatiyani Raiyat through registered Sale deed Registered Sale Deed No. & date through which the Petitoners' family purchased the land Sub Plot Total Area Transferred (In Decimal) Area Acquired for NH 23 (In Decimal) Area for restoration in SAR Case No.
01. WPC No. 6084 of 2016 Pradeep Kr. Roy & Ors. Sale deed no. 3777 dated 29.06.1965 Sale Deed No. 11857 dated 09.12.1981 19 01 01 01 in SAR Case no. 47/201516
02. WPC No. 6085 of 2016 Aarif Hussain. Sale deed no. 5639 dated 10.12.1965 Three Sale Deed No. 4997, 4998 & 4999 dated 21.07.1992 11 2.5 0.025 0.025 in SAR Case no. 36/201516
03. WPC No. 6086 of 2016 Dinesh Singh Sale deed no. 5627 dated 10.12.1965 and 4336 dated 28.12.1961 Sale Deed No. 10488 dated 23.03.1971, Sale Deed Nos. 6080, 4807, 6081, 6082, 6083 all dated 02.11.1966 17 15 0.015 0.015 in SAR Case no. 45/201516
04. WPC No. 6100 of 2016 Meera Devi Sale deed no. 5422 dated 17.11.1965 Sale Deed No. 4863 dated 19.08.2014 from her mother Phulwa Devi 05 7 01 1 in SAR Case no. 32/201516
05. WPC No. 6111 of 2016 Ramadhar Koiri Sale deed no. 2041 dated 21.03.1966 Sale Deed No. 420 & 421 dated 18.01.1968 13A 12 0.015 0.015 in SAR Case no. 40/201516
06. WPC No. 6114 of 2016 Rameshwar Sao Sale deed no. 3777 dated 29.06.1965 Sale Deed No. 24364 dated 03.01.1971 14 6 0.015 0.015 in SAR Case no. 42/201516
07. WPC No. 6115 of 2016 Shanti Devi Sale deed no. 5422 dated 17.11.1965 Sale Deed No. 5322 dated 19.08.2014 from her husband namely Sri Shambhu Lal Barnwal 4 7 0.01 0.01 in SAR Case no. 31/201516
08. WPC No. 6123 of 2016 Arjun Pd. Verma Sale deed no. 5423 dated 17.11.1965 Sale Deed No. 11094 dated 19.12.1983 13 B 12 0.0175 0.0175 in SAR Case no. 41/201516
09. WPC No. 6126 of 2016 Leela Devi Sale deed no. 1038 dated 14.04.1972 Gift Deed dated 17.06.1994 from her mother namely Shanti Devi 8 2.75 0.0225 0.0225 in SAR Case no. 35/201516
10. WPC No. 6130 of 2016 Jairam Gupta Sale deed no. 5422 dated 17.11.1965 Sale Deed No. 13856 dated 30.12.1982 7 3.50 01 01 in SAR Case no. 34/201516
11. WPC No. 6134 of 2016 Devanti Devi Sale deed no. 5422 dated 17.11.1965 Sale Deed No. 3539 & 5638 dated 13.09.1998 & 11.12.2000 2 6.50 0.025 0.025 in SAR Case no. 29/201516
12. WPC No. 6135 of 2016 Md. Siddique Ansari Sale deed no. 5639 dated 10.12.1965 Sale Deed No. 11857 dated 09.12.1981 11 24 0.025 0.025 in SAR Case no. 36/201516
13. WPC No. 6140 of 2016 Haffijuddin Ansari Sale deed no. 5639 dated 10.12.1965 Sale Deed No. 11857 dated 09.12.1981 12 24 0.025 0.025 in SAR Case no. 39/201516
14. WPC No. 6141 of 2016 Mohmood Alam Sale deed no. 5639 dated 10.12.1965 Sale Deed No. 11857 dated 09.12.1981 10 24 0
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