CHANDRASHEKHAR, J. - (1.) SEEKING quashing of order dated 27.11.2012 in Land Acquisition Case No. 09/ 200809 and for a direction upon the Deputy Collector, Ranchi not to release the compensation to the respondent no. 4, the present writ petition has been filed.
(2.) BRIEFLY stated the facts of the case are summarized thus; For extension of Birsa Munda Airport by the Airport Authority of India about 125 decimals of land was sought to be acquired by the State Government and accordingly, notifications under the Land Acquisition Act, 1894 were published. A notice dated 25.07.2011 was issued from the office of Deputy Collector, Ranchi whereby, the awardees were directed to receive compensation amount on 10.08.2011 by producing documentary evidence, if the original awardee has died. The petitioner and others being son of one Ramavtar Verma filed their objection seeking payment of compensation with respect to land comprised in R.S. Plot No. 1294, Khata No. 68 in Mouza Hethu, Thana No. 298 District, Ranchi. In the Revisional Survey Records of Rights, Plot No. 1294 within Khata No. 68 in Mouza Hethu, total area of 125 decimals is recorded in the name of Raghunath Ram, Kolha Ram, Shahdeo Ram and Bodho Ram, all sons of Ramdin Ram and they jointly having one share and one Nandkeshwar Ram son of Khetu Ram having one share. There was an oral partition amongst cosharers and they remained in possession of their respective shares. The said Nandkeshwar Ram died leaving behind two sons namely, Janki Ram and Ganesh Ram. The petitioner is one of the legal representatives and successors of Ganesh Ram being his grandson whereas, the respondent no. 4 belongs to branch of Janki Ram. The petitioner claimed payment of compensation with respect to the land admeasuring 62.5 decimals under Plot No. 1294 within Khata No. 68 in Mouza Hethu, Ranchi. Vide order dated 27.11.2012 the objection of the petitioner has been rejected and the amount of compensation is directed to be given to the respondent no. 4 Laxmi Ram.
(3.) A counteraffidavit has been filed on behalf of the District Land Acquisition Officer, Ranchi affirming that 0.88 acres of land comprised in Thana No. 298, Khata No. 68, Plot No. 1294, Mouza Hethu, Ranchi has been acquired vide L.A. Case No. 09/2008/09. Award No. 17 was prepared in the name of the respondent no. 4. Initially one Sushila Devi and Shalini Devi filed objection petition claiming themselves to be the owner of the land in question by virtue of registered sale deed dated 28.07.2011 executed by the legal heirs and successors of Ganesh Ram. Since, the transactions were made long after the notification under the Land Acquisition Act, 1894 were published, the District Land Acquisition Officer, Ranchi rejected their objection petition claiming compensation vide order dated 27.11.2012. The petitioner also filed objection petition on 08.12.2012 and in this regard objection was filed by other legal heirs of Ramavtar Verma. The Deputy Commissioner, Ranchi directed the SubDivisional Officer to enquire into the matter who submitted a report dated 05.02.2012. The report submitted by the SubDivisional Officer, Ranchi discloses that in the year, 1934 itself the land belonging to Nandkeshwar Ram was partitioned among his sons namely, Janki Ram and Ganesh Ram and accordingly, land in question under Plot No. 1294 was allotted in favour of Janki Ram. The different sale deeds executed between the year, 1970 2007 by the legal heirs and successors of the said Ganesh Ram indicate that they accepted the partition between Ganesh Ram and Janki Ram. Awarded amount of Rs. 74,00,199.00/ for acquisition of land in question has been paid to the respondent no. 4 by the District Land Acquisition Officer, Ranchi. Heard the learned counsel for the parties.;