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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR, J.
Jhari Oraon – Petitioner
Versus
The State of Jharkhand – Respondent
W.P. (C) Nos. 2101, 2713 of 2022
Decided On : 14-07-2022
Encroachment - Land Dispute - Bihar (now Jharkhand) Public Land Encroachment Act, 1956 - Section 3, Section 6(2) - 18th February, 2022 and 12th April, 2022 - 2713 of 2022, 2101 of 2022
Fact of the Case:
The petitioners sought to quash notices issued for encroachment removal on the basis that they were in lawful possession of the land and had paid rent to the State Government. The land had been partially acquired by the State Government for widening of NH-33, and the compensation had been paid.
Finding of the Court:
The court found that the land in question had been acquired in 1976 for widening of NH-33 and possession had been handed over to the NH Division. The court held that the factual aspect of the land acquisition could not be adjudicated in writ jurisdiction without contrary evidence. The court also found that the notice served to one of the petitioners had not been properly served, and directed the respondent to provide an opportunity for hearing and to set aside the impugned notices for that petitioner.
Issues: Validity of encroachment notices, lawful possession of the land, proper service of notice
Ratio Decidendi: The court held that the factual aspect of land acquisition could not be adjudicated in writ jurisdiction without contrary evidence. The court also emphasized the importance of proper service of notice under the Bihar (now Jharkhand) Public Land Encroachment Act, 1956.
Final Decision: W.P. (C) No. 2713 of 2022 is disposed of with directions for the petitioner to appear and file objections. W.P. (C) No. 2101 of 2022 is dismissed.
ORDER :
1. Since similar issue is involved in both the writ petitions, the same are being taken up together with the consent of learned counsel for the parties and are being disposed of by this common order.
2. In W.P. (C) No. 2713 of 2022, the petitioner has prayed for quashing the notices dated 18th February, 2022 and 12th April, 2022 (Annexures-4 and 5 to the writ petition, respectively) issued by the Circle Officer, Ormanjhi, Ranchi- respondent no. 3 in Encroachment Case no. 03 of 2021-22, whereby he has been directed to remove the encroachment, measuring an area of 45’ x 6’ = 0.620 decimal (RCC roof) and 45’ x 7’ = 0.724 decimal (Tina shed), appertaining to Khata No. 50, plot no. 32 of village Dardag, Thana no. 33, P.S. Ormanjhi, District Ranchi.
3. In W.P. (C) No. 2101 of 2022, the petitioner has prayed for quashing the notices dated 18th February, 2022 and 12th April, 2022 (Annexures-6 and 10 to the writ petition, respectively) issued by the Circle Officer, Ormanjhi, Ranchi- respondent no. 3 in Encroachment Case no. 03 of 2021-22, whereby he has been directed to remove the encroachment, measuring an area of 30’ x 34’ = 2.34 decimals, appertaining to Khata no. 15, plot no. 110 of village Dardag, Thana no. 33, P.S. Ormanjhi, District Ranchi.
4. The petitioners of both the cases have contended that the aforesaid land encroachment proceeding has arbitrarily been initiated by the respondent no. 3, as the land over which they are in possession is not a public land within the purview of Bihar (now Jharkhand) Public Land Encroachment Act, 1956 (hereinafter to be referred as ‘the Act 1956’). In fact, they are in lawful possession of their respective land and on payment of rent to the State Government, rent receipts for the same are being issued to them. Earlier, part of their land measuring an area of 04 decimals and 01 decimal, respectively, were acquired by the State Government on the request of the National Highways Authority India for widening of NH-33 (Hazaribagh-Ranchi Section) in Land Acquisition Case no. 26 of 2009-10. The compensation for acquisition of part of the same was paid to the wife of the petitioner of W.P. (C) No. 2713 of 2022 and the petitioner of W.P. (C) No. 2101 of 2022. According to the petitioners, after acquisition of their respective lands made in terms with the notification dated 13th July, 2009, there could not have been any dispute with regard to possession of rest of the said land by them and the respondent no. 3 by initiating the impugned land encroachment proceeding has unnecessarily harassed the petitioners with an intention to deprive them of their lawful possession of the land.
5. Counter affidavits have been filed on behalf of the respondent no. 3 as well as respondent no. 4 in both the writ petitions. It has been stated in the counter affidavit filed on behalf of the respondent no. 3 that the land encroachment proceeding has been initiated against the petitioners on the basis of report made to him by the General Manager-cum-Project Director, NHAI, Ministry of Road Transport and Highways, Government of India vide letter no. 1842 dated 7th February, 2022, informing, inter alia, that a flyover would be constructed over NH-33 for which measurement of acquired lands situated at Mouja Harchanda, Dardag & Chakla were jointly done by Ormanjhi Circle Amin, Land Acquisition Amin, Ranchi and NHAI Amin on 3rd February, 2022. Accordingly, a list of 79 persons including the petitioners was made available to the respondent no. 3 for removing encroachment made by them so as to start construction of flyover. Thereafter, the respondent no. 3 initiated Encroachment Case no. 03 of 2021-22 and vide order dated 18th February, 2022 notice under Section 3 of the Act, 1956 was issued to the aforesaid 79 persons fixing the next date of hearing on 7th March, 2022. However, out of 79 noticees, only 17 persons including the petitioner of W.P. (C) No. 2101 of 2022 appeared and file their objection. So far as the petitioner of
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