- (1.) HEARD learned counsel for the parties. The petitioner has come before this Court with the grievances that the land settled in favour of his mother in the year 1965, vide Annexure 1 to the writ petition, by the Resettlement Officer, Maithar Jalasai Project (DVC), Jamtara, one of which plot no.279 is being acquired without any compensation. Counsel for the petitioner by referring Annexure 1, the Patta, issued by the Resettlement Officer and the notice issued under the provisions of the Land Acquisition Act, under Section 4(1), Annexure 3, in the name of the petitioner's mother, submits that the steps were taken by the respondent no.3, the Special Land Acquisition Officer, Medium Irrigation Project, Dumka, for acquisition of the said land for the purposes of construction of Rangasola Branch Canal. The petitioner appeared before the Special Land Acquisition Officer with the aforesaid documents and the rent receipts at Irrigation Camp, Kundahit. However, by the letter dated 17.1.2007 issued by the Special Land Acquisition Officer, Medium Irrigation Project, Dumka in the name of Executing Engineer, Irrigation Division No2, Jamtara, it has come to the knowledge of the petitioner that the respondents are considering the said land as Jungle Khas recorded as Government land and no compensation is being paid on that count.
(2.) THE respondents have appeared and filed their counter affidavit, in which they have taken a stand that the notices were issued to Mukhani Marandi for acquisition of the land of plot no.279 but the whole process of acquisition has been cancelled as during demarcation it was found that plot No.279 is a Jungle Khas Anawadi Government land. It is further stated by the respondents that the wrong committed by the then Resettlement Officer cannot give reason for committing any further wrong by making acquisition of the Jungle Khas Anawadi Government land, which is strictly prohibited. The petitioner has filed rejoinder to the same reiterating his aforesaid contention. It is submitted on behalf of the petitioner that in fact the canal has already been built up. From the contentions of the parties, it appears that the petitioner has relied upon a Patta issued by the Resettlement Officer in the year 1965 and also claims that the land was mutated in favour of his mother and he has been paying rent regularly since then. The area in question is 1.58 acre, which is being used for construction of Rangasola Branch Canal. The Land Acquisition Officer has issued notices to the petitioner under the Land Acquisition Act in respect of the acquisition of the same land in question. It appears that in spite of documents produced before the Special Land Acquisition Officer, no decision one way or other has been taken on the ground that the said land is Jungle Khas Anawadi Government land. The respondents have, through their affidavit, also tried to justify their stand by stating that the Resettlement Officer has committed a wrong by settling the aforesaid land in favour of the mother of the petitioner. Be that as it may, the Special Land Acquisition Officer is required to deal with the objection of the petitioner/petitioner's mother one way or other after looking into the materials produced on their behalf in support of their claim for compensation in respect of the land being acquired or used for the purpose of construction of the canal. The petitioner may have a liberty under the provisions of L.A.Act, which has been taken away by not passing any order upon the same in spite of notices issued to the petitioner's mother. In the circumstances, the respondent no.3, the Special Land Acquisition Officer, Medium Irrigation Project, Dumka is directed to consider the objection of the petitioner in respect of the land, for which notices were served upon the petitioner's mother, which is said to be used for construction of the Rangasola Branch Canal and pass a reasoned and speaking order within a period of 12 weeks from the date of receipt of a copy of the objection petition together with all necessary documents and facts in support thereof, for which three weeks time is allowed to the petitioner and the Special Land Acquisition officer shall thereafter proceed in accordance with law. With the aforesaid observation and direction, this writ petition stands disposed of.;