BALESHWAR YADAV; RAMCHANDRA YADAV; BAIJNAT H DAS; BHUNESHWAR DAS; KALAWATI Vs. STATE OF JHARKHAND
LAWS(JHAR)-2014-11-10
HIGH COURT OF JHARKHAND
Decided on November 03,2014

Baleshwar Yadav; Ramchandra Yadav; Baijnat H Das; Bhuneshwar Das; Kalawati Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) Seeking a direction upon the respondents to pay proper compensation to the petitioners, the present writ petition has been filed.
(2.) It is stated that the land belonging to the petitioner nos. 1 and 2 comprised in khata no. 01, plot no. 02, Rakwa0.70 acres in mauza Kosmadih was acquired for construction of Super Thermal Power Plant. Similarly, the land belonging to petitioner nos. 3, 4, 5 and 6 were also acquired for construction of Super Thermal Power Plant. Vide notice dated 11.12.2009 the petitioner nos. 1 to 5 were directed to receive the compensation amount of Rs. 24,156/ and the petitioner no. 6 was to receive compensation amount of Rs. 69,016/. A legal notice dated 14.03.2013 was issued by the petitioner nos. 1 and 2 to the respondent no. 2Chief Engineer, Damodar Valley Corporation claiming compensation of Rs. 2,40,000/.
(3.) The petitioner no. 4 gave legal notice dated 14.03.2013 seeking compensation of Rs. 2,50,000/ and the petitioner no. 6 served legal notice dated 14.03.2013 seeking compensation of Rs. 4,00,000/. The petitioner nos. 1 to 5 received the compensation amount of Rs. 24,156/ on 03.06.2013 under protest and the petitioner no. 6 also received an amount of Rs. 69,016/ on 03.06.2013, under protest. Although, an amount of Rs. 10,55,664/ was fixed for one Bahadur Yadav vide letter dated 08.05.2013 for the same project and the petitioners submitted an application for reference under Section 18 of the Land Acquisition Act however, no action has been taken by the respondents. Though the respondentauthorities are bound to fix equal rate of compensation for the same project, the petitioners are given compensation not on equal rates and therefore, the action of the respondents are illegal.;


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