1

IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P.(C) No.1024 of 2013

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1. Kali Charan Mahto

2. Shivlal Mahto

3. Hublal Mahto

4. Jaichand Mahto

5. Kali Turi

6. Chepa Mahto

7. Baijnath Kalindi

.….……

Petitioners

Versus

1. The State of Jharkhand

2. Secretary, Public Health Engineering Department, having its office

at Project Building, Dhurwa, P.O. Dhurwa, P.S. Jagarnathpur,

District Ranchi.

3. The Deputy Commissioner, Dhanbad

4. The Executive Engineer, Public Health Engineering Department,

Dhanbad

5. Sub-divisional Officer, (Law & Order) Dhanbad

6. Managing Director, Mineral Area Development Authority, having

its office at Lubi Circular Road, Dhanbad ….…… Respondents

CORAM

: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD

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For the Petitioners

: Mr. Mahesh Tiwari, Advocate

For the State

: Mr. Rishi Raj Verma, A.C. to S.C.-III

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05/22.08.2022

This writ petition is under Article 226 of the Constitution of

India, wherein, two fold directions have been sought for, i.e.,

(i) to direct the respondents particularly the respondent nos.3 ,4

and 6 to send the records appertaining to acquisition of the land

acquired for the purpose of construction of water treatment plant

within Mouza no.107 of khata no.82 of Patiya village, on the ground

that the land of the petitioners which has been acquired sometime in

the year, 1959, for the purpose of construction of water treatment

plant, is forcefully being sought to be constructed without resorting to

proper mechanism of acquisition, as required to be followed under the

2

provision of Land Acquisition Act, 1894 (hereinafter referred to as ‘the

Act’) 1894;

(ii) to direct the respondents to make all arrangements for

payment of compensation in cash and kind to the petitioners on

acquisition of the lands of the petitioners in accordance with law.

2.

The brief facts of the case, as per the pleading made in the writ

petition, required to be enumerated, which reads as under:-

The petitioner no.1, namely, Kalicharan Mahto, claims to have

his Khatiani land situated at Mouza no.107, as per the detail furnished

at paragraph-6 of the petition, which is being reproduced

hereinbelow:-

Khata no.

Plot no.

area

82

1422

1429

2005

2601

10 decimals

06 decimals

26 decimals

06 decimals

120

1431

1474

2541

2676

2677

1485

1492

1546

1552

1601

1639

1650

05 decimals

05 decimals

06 decimals

71 decimals

3.60 decimals

09 decimals

15 decimals

08 decimals

03 decimals

07 decimals

07 decimals

07 decimals

Total

3

The petitioner no.2, namely, Shivlal Mahto, son of Bhirgu

Mahto, claims to have his Khatiani land situated at Mouza no.107, as

per the details furnished at paragraph-7 of the petition, which is being

reproduced hereinbelow:-

Khata No.

Plot nos.

Area

3

2631

2632

2636

2644

09 Decimals

95 Decimals

3.37 Decimals

2.62 Decimals

Total

109.99 Decimals

The petitioner no.3, namely, Oblal Mahato, son of Sri Hari Pado

Mahto, claims to have his Khatiani land situated at Mouza no.109, as

per the details furnished at paragraph-8 of the petition, which is being

reproduced hereinbelow:-

Khata no.

Plot no.

Area

Khata no.112

2646

2647

74 Decimals

08 Decimals

Total

82 Decimals

The petitioner no.4, namely, Jaichand Mahto, son of Sri Bihari

Mahto, claims to have his land situated at Mouza no.107, as per the

details furnished at paragraph-9 of the petition, which is being

reproduced hereinbelow:-

Khata no.

Plot nos.

Area

112

2585

2681

95 Decimals

04 Decimals

4

2652

2649

2650

2651

11 Decimals

04 Decimals

22 Decimals

17 Decimals

Total

153 Decimals

120

2616

99 Decimals

2662

2.98 Decimals

Total

101.98 Decimals

The petitioner no.5, namely, Kali Tu