S CHANDRASHEKHAR, J. - (1.) THE main issue involved i n this writ petition is, "whether the petitioners can seek a direction for release of the land which was acquired under the Land Acquisition Act, 1894 -
(2.) SEEKING a direction upon the respondent nos. 2 and 3 to take proper step to complete the process of release of land in favour of the petitioners and for directing the respondent no. 6 to immediately return the original s a le d e e d n o . 2937/2932 dated 18.06.2007 a n d a direction t o t h e respondents n o t to create third party right or transfer the land to a third party or to alter the records of right, the present writ petition has been filed.
(3.) THE facts disclosed in the writ petition are that, the petitioner no. 1 is wife of one late Kanti Mahanti Kumar Swami and the petitioner no. 2 i s the subsequent purchaser who purchased t he la nd i n question from petitioner no. 1 on 18.06.2007. On 03.10.2005, the petitioner no. 1 applied for release of land and the said application was duly processed. The Chief Engineer, Swarnrekha Multipurpose Porject, Jamshedpur vide letter da t e d 13.09.2007 informed t h e Jo int Secretary (Engineering), W a t e r Resource Department t ha t t h e l a n d in question is no longer required for the Swarnrekha Multipurpose Project, Jamshedpur and the Under Secretary, Water Resource Department, Governme nt o f Jha rkha nd v i d e l e t t e r dated 19.02.2008 directed the Chief Engineer to provide documents and other necessary papers. Thereafter, t he Special Land Acquisition Officer, Swarnrekha Project wrote letter dated 20.04.2010 t o De put y Secretary, W a t e r Resource Department stating that with respect to certain land, land owners have not received compe ns a t ion a n d t h e a m o u n t of compensation has been deposited in the Treasury on 07.08.1985. W ith respect to the land in question it is stated that mutation has not taken place. I n these facts, the petitioners claimed t ha t t he land belonging to petitioner no. 1 which was allegedly acquired for Swarnrekha Multipurpose Project, Jamshedpur w a s neither required for the said project nor required b y any other department of the State Government and therefore, a direction may be issued to the respondentState of Jharkhand to complete the process of release of land in question. A counteraffidavit ha s be e n filed o n behalf of respondent nos. 2, 4 and 5 stating that requisition was made vide letter No. 947 dated 27.12.1979 by the Executive Engineer for the purpose of construction of office building, godown and residential colony. After the possession of the land was taken, the Government constructed building and the premises was covered by erecting boundary wall which is standing at present. However, correction in the record of rights could not be carried out. It is stated that the aforesaid land was acquired for the project in accordance with land acquisition proceeding and no claim petition was submitted by the petitioner in the year, 2005.;