MOHAMMED SHAKIL Vs. THE STATE OF JHARKHAND AND ORS.
LAWS(JHAR)-2011-4-168
HIGH COURT OF JHARKHAND
Decided on April 19,2011

Mohammed Shakil Appellant
VERSUS
THE STATE OF JHARKHAND AND ORS. Respondents

JUDGEMENT

- (1.) HEARD learned Counsel for the parties.
(2.) IT is considered appropriate for maintaining peace in the city that those who have been removed as encroachers from the place known as the Polytechnic Ground will be rehabilitated by the State. The parameters in which rehabilitation would be done is as follows: (i) That those who have lived there and have their names in the voter list and establish that they have been living there for more than 20 years. (ii) One family will get only one place for rehabilitation. The amount of land which will be allotted/leased will be equivalent to what they had in the Polytechnic Ground as constructed houses/huts. (iii) The price of the land will not be charged at the market price. It would be given on concessional rate to be determined by the revenue authorities and the payment will be made by deferred payment. (iv) The occupants will have to give an undertaking to the State Government within 72 hours hence that they will have no claim whatsoever on the land in question in future. (v) Each individual will approach the office of the Deputy Commissioner, Ranchi and file undertaking aforesaid and alongwith that he will also file his claim of entitlement as delineated hereinabove that he is entitled to be allotted land. Further he should also undertake that he will keep peace and harmony and will not indulge in any such activity which will disturb the social harmony of the city. (vi) The land so allotted/leased will not be available to be sold. In case the land is not desired to be retained it will be surrendered to State and the State Govt. will return the money received with interest at the Bank rate. This order is passed looking to the peculiar circumstances of the case and would not be treated as precedent and would not be available to be cited by any unauthorized encroacher to claim any entitlement for allotment of land by the State Government.
(3.) THE status quo as ordered by the Hon'ble Supreme Court had the effect only till this Court passes an effective order and furthermore, order aforesaid has been passed as desired by the Petitioner and agreed to by the Respondents, the status quo as ordered by Hon'ble Supreme Court will now not be operative.;


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