Jharkhand High Court
Sanaujiya Devi vs The Union Of India on 12 March, 2025
Author: Rajesh Shankar
Bench: Rajesh Shankar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No.723 of 2023
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Sanaujiya Devi, W/o Ramnath Ram, R/o Ward No. 6,
Sabauna within the Nagar Parishad of Bishrampur, P.O. &
P.S.-Rehla, District-Palamau.
………. Petitioner.
-Versus-
1. The Union of India.
2. The State of Jharkhand.
3. The General Manager, South Eastern Railway, office at
Hazipur, E.C. Railway, P.O. & P.S.-Hazipur, District-
Hazipur, Bihar.
4. The Divisional Railway Manager, East Central Railway,
Dhanbad Division, Dhanbad.
5. The Senior Divisional Personnel Officer, East Central
Railways, Dhanbad Division, Dhanbad.
6. The Deputy Commissioner, Palamau.
7. The Land Acquisition Officer, Palamau.
………. Respondents.
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CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioner : Mr. Akhouri Sankalp, Advocate
: Mr. Sudhanshu Shekhar, Advocate
For the State : Mrs. Omiya Anusha, A.C. to A.A.G.-IA
For the U.O.I. : Mr. Vikas Kishore, Advocate
—–
Order No.09 Date: 12.03.2025
1. The present writ petition has been filed for issuance of direction
upon the concerned respondents to provide compensation to the
petitioner against her residential land appertaining to Khata
No.14, Plot No. 79 measuring an area of 0.1950 acre situated
within Ward No. 6, Bishrampur Nagar Parishad, P.O. & P.S.-
Rehla, District-Palamau, as per the Government rate fixed for
residential land i.e. Rs.1,06,480/- per decimal in terms with the
provisions of Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in
short, “the Act, 2013”).
2. Learned counsel for the petitioner submits that the petitioner has
been paid compensation on the lesser rate for the land acquired
for construction of railway line at Garhwa Road (Rehla) which
was accepted by her with objection. However, she deserves
payment on the basis of the Government rate fixed for residential
land for which she repeatedly represented the concerned
authorities, but the same were not responded by them which
compelled her to prefer the present writ petition.
3. Mrs. Omiya Anusha, learned A.C. to A.A.G.-IA, appearing on
behalf of the State of Jharkhand, submits that since the petitioner
wants enhancement of compensation paid to her for acquisition
of the land in question, she should have invoked the provision of
Section 64 of the Act, 2013.
4. Having heard learned counsel for the parties and considering that
the petitioner wants enhancement of compensation paid to her in
lieu of acquisition of her land, she is given liberty to prefer a
fresh application invoking Section 64 of the said Act before the
respondent no.7 who is the Collector under the said Act. On
receipt of the said application, the respondent no.7 shall refer the
matter to the Land Acquisition, Rehabilitation and Resettlement
Authority established under Section 51 of the Act, 2013 for
adjudication within thirty days from the date of receipt of the said
application.
5. The writ petition is, accordingly, disposed of with the aforesaid
liberty and direction.
(Rajesh Shankar, J.)
Arpit/
-2- W.P. (C) No.723 of 2023
