The competent authority must examine land acquisition compensation claims and ensure timely decisions are made.

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 due compensation for utilizing the aforesaid lands has been taken, which has compelled them to prefer the present writ petition.

3. Mrs. Sweta Shukla, AC to AAG-II appearing on behalf of the respondents, submits that the petitioners’ claim for compensation for the land in question is required to be factually examined by the competent authority i.e., the respondent no. 5. Hence, if the petitioners prefer fresh representation in this regard before the respondent no. 5 along with the relevant documents, an appropriate decision in accordance with law will be taken within a timeframe.

4. Having heard learned counsel for the parties and considering the nature of claim raised by the petitioners in the present writ petition, without entering into the merit of the case, the petitioners are given liberty to prefer fresh representation raising the aforesaid claim before the respondent no. 5. On receipt of the said representation, the respondent no. 5, after verifying the relevant records and on providing due opportunity of hearing to the petitioners, shall take appropriate decision/step in accordance with law within two months from the date of filing of the representation.

5. If the respondent no. 5 finds that the aforesaid lands of the petitioners have been utilized for construction of the road in question and have not been paid due compensation for the same, he will take appropriate step and ensure payment of compensation to the petitioners within two months thereafter.

6. The writ petition is accordingly disposed of with aforesaid liberty and direction.