The rectification of mistakes in the reference and the area of land under acquisition influenced the court's decision in disposing of the writ petitions and related interlocutory applications.

ORDER :

I.A. No. 5974 of 2022 in W.P. (C) No. 2309 of 2022

1. The present interlocutory application has been filed on behalf of the respondent no. 3, an affidavit of which has been sworn by one Bibhuti Mandal, Executive Magistrate, Deoghar having additional charge of District Land Acquisition Officer, Deoghar, praying inter-alia to exempt him from personal appearance in terms with order dated 27.06.2022 passed by this Court in the present writ petitions.

2. Having considered the present interlocutory application and for the reasons stated in the same, the respondent no. 3-the Executive Magistrate-cum-District Land Acquisition Officer, Deoghar is exempted from personal appearance.

3. I.A. No. 5974 of 2022 stands disposed of.

W.P. (C) No. 2309 of 2022 and W.P. (C) No. 5378 of 2021

4. The petitioners have filed the present writ petitions against the action of the respondents in taking forceful physical possession of their land without making payment of appropriate compensation to them in terms with Award Nos. 18, 23, 30, 32 and 33 in connection with L.A. Case No. 90/2019-20 initiated under the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for the purpose of construction of Deoghar Satsangnagar-Bhirkhibad (MDR-235) bypass road of Rohini, Nawadih, Tiljori, Devipur and Choudharidih, Deoghar.

5. Reference may be made to order dated 27.06.2022 passed by this Court in the writ petitions, which reads as under:

“In course of argument, learned counsel for the petitioners has referred to letter No. 398 dated 18.04.2022 issued by the District Land Acquisition Officer, Deoghar [Annexure-B to the counter affidavit dated 13.06.2022 filed on behalf of the respondent Nos. 2 and 3 in W.P. (C) No. 2309/2022] wherein Award Nos. 18, 23, 30, 32 and 33 have been mentioned with respect to Land Acquisition Case No. 90/2019-20. Learned counsel for the petitioners has further referred to the copies of the notices issued under Section 37(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as “the Act, 2013”) [Anneuxre-8 and Annexure-7 series to the respective writ petitions] wherein the names of the original awardees i.e. Dasrath Sah, Brahmdeo Umar [the deceased husband of the petitioner in W.P. (C) No. 2309/2022] and Bajrang Prasad have been mentioned. However, the copy of Form-I (order of reference under Section 76 of the Act, 2013), annexed at Page-20 of the said counter affidavit, mentions a different land acquisition case i.e. Land Acquisition Case No. 01/2017-18. Moreover, though the names of the objectors i.e. Viplav Bose, Ramjivan Prasad Sah, Banshidhar Gupta and Samir Chandra Gupta have been mentioned as the persons interested in the land in question, however, the names of the original awardees i.e. Dasrath Sah, Brahmdeo Umar and Bajrang Prasad have not been mentioned in the said column i.e. column made for “person interested.”

Considering the said submissions of learned counsel for the petitioners, let the District Land Acquisition Officer, Deoghar appear in person before this Court on the next date fixed.

The said authority may also file a supplementary counter affidavit clarifying the aforesaid aspect.

Put up these cases on 14.07.2022 under the heading “Orders.”

Till then, the interim order dated 18.05.2022 passed in W.P. (C) No. 2309/2022 shall continue.”

6. Pursuant to the aforesaid order, a supplementary counter affidavit has been filed on behalf of the respondent nos. 2 and 3 stating inter-alia that the said matter has been reviewed, whereafter it came to light that there was an omission and typographical mistake in the reference as contained in letter no. 398/L.A. dated 18.04.2022. Accordingly, after rectifying the mistake, a reference as contained in letter no. 555/L.A. dated 02.07.2022 has been forwarded to the Principal District and Sessions Judge-cum-Land Acquisition, Rehabilitation and