Importance of verifying documents and providing a fair opportunity before rejecting a compensation claim

JUDGMENT :

The present writ petition has been filed for quashing the order dated 08.06.2019 (Annexure-12 to the writ petition) passed by the respondent No.3 in Misc. Case No. 15/2018-19 whereby the petitioner’s representation dated 28.01.2019 filed pursuant to the order dated 18.01.2019 passed in W.P.(C) No. 3838/2018 claiming compensation for acquisition of his land appertaining to Khata No. 142, Plot No. 1344, Mouza-Barki Sariya, Thana No. 44, District-Giridih, measuring an area of 18 Decimals which was acquired by the respondents for the purpose of Dedicated Freight Corridor Project of Railways, has been rejected. Further prayer has been made for issuance of direction upon the concerned respondents to make payment of appropriate compensation to the petitioner for acquisition of the said land as he has lawful title over the same.

2. Learned counsel for the petitioner submits that in pursuance of the order dated 18.01.2019 passed by this Court in W.P.(C) No. 3838/2018, the petitioner filed representation before the respondent No.3 on 28.01.2019 (Annexure-10 to the writ petition) along with all the relevant documents with respect to his title over the said land. Subsequently, the petitioner appeared before the respondent No.3 on two dates i.e. 06.02.2019 & 21.02.2019. On both the dates, the petitioner reiterated before the respondent No.3 that the relevant documents with respect to his lawful title over the said land were already submitted along with the aforesaid representation. Despite that, the respondent No.3 issued letter No. 449 dated 07.06.2019 to the respondent No.5 calling for a report in this regard during pendency of Cont. Case (Civil) No. 358/2019 filed by the petitioner. Thereafter, the respondent No.5 without verifying the relevant records or issuing any notice to the petitioner to make the documents available to him, submitted his report to the respondent No.3 vide letter No. 296 dated 08.06.2019 stating that the petitioner did not submit the required documents with respect to his claim of lawful title over the land in question. Finally, the respondent No.3 vide the impugned order dated 08.06.2019, rejected the petitioner’s representation seeking compensation for utilising his land for construction of Dedicated Freight Corridor of Railways primarily on the ground that he did not submit the required documents suggesting his lawful title over the land in question.

3. A counter affidavit has been filed on behalf of the respondent Nos. 2 to 5 stating inter alia that the respondent No.3 called for a report from the respondent No.5, who vide letter No. 296 dated 08.06.2019, submitted a report stating that the petitioner did not file the required documents in support of his claim of title and ownership over the land in question and also stated that the Power Grid as well as Power Grid Control Room of Railways are standing thereon for last 30 years. Accordingly, the respondent No.3 vide the impugned order dated 08.06.2019, rejected the petitioner’s claim for compensation.

4. Heard learned counsel for the parties and perused the relevant materials available on record. The petitioner has annexed a copy of letter No. 364 dated 18.05.2018 issued by the respondent No.5 to the respondent No.4 as Annexure-6 to the writ petition mentioning the entire details of the land in question with respect to the petitioner’s title over the same. The respondent No.4 thereafter vide letter No. 179 dated 05.06.2018 (Annexure-7 to the writ petition) requested the respondent No.3 to take appropriate action in view of the report submitted by the respondent No.5. The respondent No.3 had earlier released a press communiqué to the concerned persons including the petitioner calling upon them to appear before him on 25.01.2018 and to submit the required documents concerning their respective lands in support of their claim for compensation. The petitioner’s case is that though he submitted all the required documents before the respondent No.3, however, n