- (1.) SEEKING a direction to the respondents to initiate a land acquisition proceeding under the Land Acquisition Act, 1894 and to pay compensation based on present market value alongwith, solatium and interest to the petitioners, the present writ petition has been filed. Further prayers seeking a direction to the respondents to remove the illegal construction of Electric Power Substation from the land of the petitioners and to deliver the possession to the petitioners, have also been made in the present writ petition.
(2.) THE petitioners claiming themselves owner of land measuring 0.23 acres in Plot No.164 and about 0.90 acres in Plot No.172 under Khata No.34 in VillageHuppu, Thana No.18, P.S. Gola, DistrictRamgarh, claims that without acquiring the said land under the provisions of the Land Acquisition Act, 1894 and without paying compensation to the petitioners/their ancestors, the Jharkhand State Electricity Board has constructed a Power Substation over their lands. In para 12 of the writ petition, it is stated that the Jharkhand State Electricity Board about 10 years ago, without consent of the petitioners and without paying compensation, constructed Electric Power Substation over their lands.
(3.) A counteraffidavit has been filed by the respondent nos.3, 5 and 6 stating that possession of the land in question measuring about 2.80 acres in VillageHuppu, Thana No.18, P.S.Gola, DistrictHazaribagh was given to the Bihar State Electricity Board, about 50 years back and an Electric Power Substation was constructed over there. Over the said land quarters for staff were also constructed. The statements made by the petitioners have been denied and it is disputed that the respondents are in possession for the last 10 years only. It is stated that in the record of Survey and Settlement Department, Hazaribagh, it is recorded that the Power Substation is situated over the land in question. The power map of Bihar (DRG No.11972) clearly shows that the 33/11KV Power Substation, Gola was constructed before March, 1971. Heard learned counsel for the parties and perused the documents on record.;