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IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE RAJESH SHANKAR, J
Teklal Mandal – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
RAJESH SHANKAR, J.
The present writ petition has been filed for payment of compensation to the petitioners under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as “the Act, 2013”) in lieu of acquisition of their lands appertaining to Khata No. 9, Plot Nos. 844, 893 & 4978, Mouza-Badki Sariya, Thana No. 44, Sariya, District-Giridih, measuring an area of 0.178 acre, 0.24 acre and 0.96 acre respectively, for the purpose of construction of road from Sariya-Koyaridih-Kathwara. Further prayer has been made for issuance of direction upon the respondents to initiate proceeding under the Act, 2013 particularly in view of letter no. 1081 dated 22.06.2017 (Annexure-4 to the writ petition) issued by the respondent no. 7 – the Executive Engineer, Road Construction Department, Road Division, Giridih to the respondent no. 3 – the Deputy Commissioner, Giridih.
2. Learned counsel for the petitioners submits that despite repeated representations of the petitioners before different authorities including the respondent no. 5 – the District Land Acquisition Officer, Giridih, no action with respect to payment of
The competent authority must examine land acquisition compensation claims and ensure timely decisions are made.
The court ruled that once acquisition proceedings are initiated, petitions seeking mandamus for compensation assessment are rendered moot.
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.
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.
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