S. Chandrashekhar, J. - (1.) AGGRIEVED by order dated 16.11.2014 passed by Deputy Commissioner, Saraikela -Kharsawan in Misc. (P) No. 33 of 2004 -05, the present writ petition has been filed.
(2.) THE brief facts of the case are that, notification under Section 4 and declaration under Section 6 of the Land Acquisition Act, 1894 were published for acquiring 112.24 acres land in Mouza -Dindli, Thana No. 128 at Adityapur. The State Government invoked emergency provisions under the Act and notice was served on the parties including, one Rangilal Mahto. On 22.05.1965, possession was taken by the Special Land Acquisition Officer, Adityapur Industrial Area Development Authority (AIADA) and the same was delivered to the Executive Engineer, Housing Department, Jamshedpur. The writ petition being, MJC No. 1073 of 1964 was filed challenging validity of notification issued under Sections 4 and 6 of the Land Acquisition Act and the same was dismissed on 14.05.1965. Challenging order dated 14.05.1965, Special Leave Petitions were filed, which were converted in Civil Appeal No. 2286 -2287 of 1970. The civil appeals were disposed of vide order dated 25.02.1986 with a direction to make award and pay compensation within six months. Accordingly, an award was prepared on 30.10.1986. Thereafter, CWJC No. 1182 of 1986 (R) was filed challenging the award dated 30.10.1986. The writ petition was allowed vide order dated 21.05.1987 holding that since the award was not published by 24.09.1986, it lapsed. Aggrieved, the Bihar State Housing Board filed Special Leave Petition (Civil) Nos. 10341 of 1987 and 10015 of 1987 and the same were converted into Civil Appeal Nos. 1005 of 1988 and 1006 of 1988. The aforesaid civil appeals were disposed of vide order dated 21.03.1988 holding that compensation for the acquisitions should be paid as if the acquisitions were made on 01.03.1988. A direction was issued to the Land Acquisition Collector to determine the amount of compensation within a period of six months and after considering objections, compensation be paid within three months. Thereafter, correction in Register -II was made and name of Bihar State Housing Board was entered. The respondent No. 6 filed CWJC No. 2013 of 1997 (R) for restraining the Housing Board from taking possession of land in Khata No. 210. The writ petition was dismissed on 19.08.1998. The respondent No. 6 was directed vide order dated 23.11.1998 to hand -over possession to the Housing Board however, the respondent No. 6 filed CWJC No. 3685 of 1998 (R) alleging that compensation in terms of direction of the Hon'ble Supreme Court was not paid. The writ petition was disposed of vide order dated 05.02.1999 directing the respondent No. 6 to appear before the Deputy Commissioner. A further direction was issued for payment of compensation to respondent No. 6, if not already paid. The respondent No. 6 filed Misc. (P) No. 8 of 1998 -99 before the Deputy Commissioner, which was disposed of vide order dated 24.03.2000 restraining the Special Land Acquisition Officer, AIADA from dispossessing the respondent No. 6 till, payment of compensation. Another writ petition being, CWJC No. 1852 of 2001 was filed by respondent No. 6 complaining that neither compensation has been paid nor land in Khata No. 210 has been released. The writ petition was disposed of vide order dated 04.05.2001 with liberty to the respondent No. 6 to approach the authority for payment of compensation however, a direction was issued not to dispossess respondent No. 6 till, compensation is paid to him. The Special Land Acquisition Officer issued notice dated 30.01.2004 to the respondent No. 6 for receiving compensation of Rs. 95,672.86/ -. The said notice was received by respondent No. 6 on 30.01.2004 however, he did not appear to receive the compensation. It is stated that the respondent No. 6 filed an application before the Chief Secretary, Government of Jharkhand, who directed the Deputy Commissioner to submit a report. A report was submitted stating that the respondent No. 6 has not received compensation offered to him and accordingly, no further direction was issued. It appears that the respondent No. 6 again made a representation on 19.04.2004 to the Chief Secretary claiming that compensation should be paid to him at the present market rate. A report was again called from the Deputy Commissioner. The respondent No. 6 again approached the Deputy Commissioner by filing application dated 28.06.2004 for payment of compensation or in the alternative to issue direction to release the land. The said application has been allowed and vide order dated 16.11.2004, a direction has been issued to release the land in favour of respondent No. 6. Mr. Sachin Kumar, the learned counsel for the petitioner submits that after the award was affirmed by the Hon'ble Supreme Court in Civil Appeal Nos. 1005 -06 of 1988, the Deputy Commissioner has no jurisdiction to order release of land in favour of respondent No. 6. It is submitted that inspite of specific direction of the High Court and notices issued to the respondent No. 6 for receiving compensation, he did not turn up to receive amount of compensation and thus, it is not open to the respondent No. 6 to contend that compensation has not been paid to him. Per contra, Mr. Md. Mokhtar Khan, the learned counsel for the respondent No. 6 raises a preliminary objection as to the maintainability of the writ petition and submits that the petitioner earlier moved this Court in W.P.(C) No. 1342 of 2005 for the same and similar relief and the writ petition was withdrawn by the petitioner and therefore, the present writ petition is barred by res -judicata. It is further submitted that inspite of specific direction of the Hon'ble Supreme Court in Civil Appeal Nos. 1005 -06 of 1988, the compensation at the market rate was not paid to the respondent No. 6 and the respondent No. 6 is still continuing in possession therefore, the Deputy Commissioner has rightly ordered release of land in favour of the respondent No. 6.
(3.) I have carefully considered the rival contentions raised on behalf of the parties and perused the documents on record.;