BHARAT CHANDRA SHARMA, SON OF LATE RAM YASH SHARMA Vs. STATE OF JHARKHAND THROUGH ITS CHIEF SECRETARY
LAWS(JHAR)-2019-4-55
HIGH COURT OF JHARKHAND
Decided on April 30,2019

Bharat Chandra Sharma, Son Of Late Ram Yash Sharma Appellant
VERSUS
STATE OF JHARKHAND THROUGH ITS CHIEF SECRETARY Respondents

JUDGEMENT

Sujit Narayan Prasad, J. - (1.) This writ petition has been filed under Article 226 of the Constitution of India whereby and whereunder direction has been sought for upon the respondent to determine and pay the compensation amount in favour of the petitioner in respect of the residential house standing on the Raiyati land being portion of Plot No.2462 under Khata No.148 in Mouza-Kalapathar measuring an area of 18 decimals it belongs to the petitioner.
(2.) It is the case of the petitioner that he is having title over the land in question and living since long therein and also paying rent to the Government in lieu thereof the rent receipts are being received which has been annexed to the writ petition but the land has been acquired by the State Government for its use of widening of NH-32 without paying compensation, hence the instant writ petition.
(3.) It is the case of the petitioner that even accepting what has been contended by the respondents that nature of land is "Gair Abad Land" by taking care of such circumstances the Government has formulated a scheme as contained under Khata No.314 dated 14.05.2009 through the Revenue and Land Reforms Department, State of Jharkhand and circular issued on 12.02.2015 (Annexure-9) which speaks that such persons whose names are referred in register-2 and Jamabandi is continuing since last 30 years, they will also be entitled to the payment of compensation but even then the case of the petitioner has not been considered in the light of the said circulars, therefore, an appropriate direction may be passed upon the concerned authority to consider the claim of the petitioner in the light of the aforesaid circulars.;


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