BARKATULLAH MOMIN Vs. STATE OF JHARKHAND
LAWS(JHAR)-2003-1-117
HIGH COURT OF JHARKHAND
Decided on January 08,2003

Barkatullah Momin Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) HEARD learned counsel for the Petitioner and Mr. Pradip Modi, learned G.P.1.
(2.) AT the very outset learned counsel for the Petitioner prayed permission to implead the Secretary, Department of Revenue and Land Reforms, Government of Jharkhand as Respondent NO.5. Let him do so during the course of the day. The Writ Petitioners have prayed for compensation and other benefits payable to them under the provisions of Land Acquisition Act on account of acquisition of their properties for purposes of Swarnarekha Multipurpose Project.
(3.) THE Counter Affidavit of the Respondent No.4 discloses at various paragraphs that only for want of funds, the compensation could not be paid and the matter could not be settled. In this context the statements made in paragraphs 13 and 16 become very important inasmuch as it has been specifically stated that payment of compensation could not be made for want of allotment of fund which is to be provided by the Department of Revenue and Land Reforms. It has also been stated that after bifurcation of the State of Jharkhand and after receipt of sanction or allotment of fund from the Department of Revenue and Land Reforms, Government of Jharkhand, Ranchi, payment of compensation can be possible and for which all necessary steps have already been taken according to the provisions of Land Acquisition Act and two years time is required for completion of the entire proceeding in relation to final settlement.;


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