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2019 Supreme(Jhk) 37

D.N.PATEL, AMITAV K.GUPTA
State of Jharkhand through the Secretary, Revenue and Land Reforms Department, Government of Jharkhand – Appellant
Versus
Swati Enterprises, a partnership having its office through its partner Smt. Neera Bathwal, wife of Sri Nirmal Kumar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. V.K. Prasad, S.C.(L&C), Mr. Amit Kr. Verma, A.C. to S.C.(L&C)
For the Respondent: Mr. Altaf Hussain, Adv., Mr. Gaurav Abhishek, Adv.

JUDGMENT :

D.N. PATEL, J.

1. This Letters Patent Appeal has been preferred by the original respondents of Civil Review No.95 of 2012. The Civil Review application was preferred by the respondent which was allowed by the learned Single Judge and the earlier order passed in writ petition bearing W.P.(C) No.4566 of 2011 dated 8th August, 2012 was dismissed and now in Civil Review application the writ petition was allowed on the detailed arguments canvassed by the counsel for the original petitioner.

2. It appears from the facts of the case that the land in question was acquired by the State of Jharkhand for construction of Ring Road for the capital city Ranchi of the State of Jharkhand. Notification under Section 4 of the Land Acquisition Act, 1894 was published on 2nd June, 2011. Several plots were acquired including the plot in question i.e. plot no. 335.

3. It further appears from the facts of the case that the total land acquired was 14.43 acres.

4. It further appears from the facts of the case that Section 17 of the Land Acquisition Act, 1894 was also invoked which is a special power vested in the State in case of urgency. This notification was published on

4th June, 2011.

5. It furthe






























































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