JUDGEMENT
SUJIT NARAYAN PRASAD, J. -
(1.) This writ petition is under Article 226 of the Constitution of India, wherein the order dated 01.05.2018, as contained under Memo No. 728 dated
01.05.2018 (Annexure-5) is under challenge, whereby and whereunder, the claim of the petitioner is for compensation, in lieu of acquisition of
land, has been rejected, is under challenge.
(2.) The brief facts of the case of the petitioner is that the land, in which, he is also one of the title-holder, by virtue of order passed in Land Acquisition
Case No. 18/62-63 in pursuance thereto, the compensation has been paid
in favour of the displaced person in the year 1964, but his claim has not
been considered, hence he has approached this Court by filing writ
petition, being W.P.(C) No. 2609 of 2016, which was disposed of vide
order dated 22.08.2017, wherein a Coordinate Bench of this Court has
passed an order, giving liberty to the petitioner to approach before the
authority and the authority concerned has directed to take decision on
the representation of the petitioner in accordance with law.
In terms thereof, the aforesaid reasoned order has been passed
on 01.05.2018 by the Deputy Commissioner, Bokaro, by which, the claim
of petitioner is rejected on the ground that the compensation has already
been paid in favour of the awardees and as such, the petitioner, being
the legal heirs of the said awardees cannot be given the claim
independently and further on the ground that the said claim is being
raised after lapse of 54 years.
(3.) The petitioner, being aggrieved with the said order, approached before this Court for the reason that before coming to the conclusive finding,
the authority ought to have gone across the documents, since it was not
available as such claim has been rejected, therefore, the aforesaid order
cannot be said to be justified.;
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