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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR, J.
Kishun Maht – Appellant
Versus
State of Jharkhand, through its Secretary, Department of Land and Revenue, Ranchi – Respondent
JUDGMENT :
RAJESH SHANKAR, J.
The present writ petition has been filed for issuance of direction upon the concerned respondents to refer the petitioners’ show cause reply dated 23.01.2017 against the notice for vacating the land and the house situated over Plot Nos. 1 & 2, Mouza-Pokala @ Kasiya Dih, P.S-Tandwa, District-Chatra treating the same as objection under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as ‘the Act, 2013’) as well as to refer the said reply to the cornered authority for adjudication under Section 69 of the Act, 2013 and to pay appropriate compensation to the petitioners as their houses were demolished by the respondents without lawfully acquiring the said land.
2. A counter affidavit has been filed on behalf of the respondent Nos. 1 & 4, paragraph 7 of which reads as under:
“7. That with regard to the statement made in para 1(a) to 1(c) of the writ application the answering respondents most humbly and respectfully stated and submitted that prayer made by the petitioners which is not tenable in the eyes of law and the present writ application is fit to be dismiss
Petitioners must seek redress under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition Act, as their objections do not meet application criteria under Section 64.
The right to fair compensation and transparency in land acquisition includes the opportunity for a hearing and the proper disposal of compensation applications.
The competent authority must examine land acquisition compensation claims and ensure timely decisions are made.
The court affirmed that disputes regarding compensation inadequacy must be referred to the appropriate authority under the Act, underscoring the Collector's duty to comply with statutory timelines.
Proper compensation assessment procedures under Section 64 of the 2013 Act must be followed, allowing the authority to consider referral and potential delays for justifiable reasons.
Land acquisition proceedings must comply with natural justice principles, requiring consideration of objections before any compensation disbursement, as mandated by the Right to Fair Compensation and....
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