- (1.) BY the Court. -The instant interlocutory application has been preferred for fixing an early date of hearing. The petitioner has approached this Court in the present writ application for directing the respondents to declare him a displaced person and grant displaced certificate with all consequential benefits.
(2.) FROM the averments made in the writ application and statements of the petitioner, it appears that it is the case of the petitioner that under Kutuk Jalasya Yojna, his land falling under khata No.1, khesra No. 897 of village -Bhagdari, P.S. Bhandariya, District -Palamau, was acquired sometime in the year 1980 and thereafter, an arbitration proceeding being Arbitration Case No. 5/85 -86 was initiated. After conclusion of the arbitration proceeding, compensation of Rs. 33,226.30 was awarded and received on 19th September, 1990. However, it is the case of the petitioner that pursuant to such acquisition and the land acquisition policy, he was entitled to be treated as a displaced person and a certificate to that effect also. It is his case that despite his representation made in the year 2003 and subsequent application to the Secretary, District Level Service Authority, Palamau in 2008, no action was taken. It is his case that large number of persons have been granted displaced certificate but he has been made to suffer. The respondent in their counter -affidavit, on the other hand, have contested the claim of the petitioner as being hopelessly time barred as also the petitioner had not produced succession certificate to show his claim. It has further been stated that the land of the petitioner's father was acquired by the State and compensation has also been given. Respondents therefore have denied the claim of the petitioner for treating him as a displaced person on the ground that an amount of Rs. 33,226.30 was awarded to the petitioner in lieu of the acquisition of his house. In support of his contention, Annexure -A dated 13th March, 2010 issued by the Special Land Acquisition Officer, North Koyal Project, Medninagar, Palamau is annexed.
(3.) COUNSEL for the petitioner however disputed the aforesaid submission by stating that the compensation for the house has only been given as per Annexure -2 dated 18th April, 2007.;