Click the Play button to listen to article

The Jharkhand High Court has refused to direct the release of 2.98 acres of land acquired under Land Acquisition Case No. 21 of 1957-58, noting that part of the land has been handed over to the National University of Study and Research in Law (NUSRL), Ranchi and another part has been utilised for construction of the Ring Road. The Court held that “once the land is acquired, that can be utilized for the public purpose.”

A Single Judge Bench of Justice Sanjay Kumar Dwivedi was hearing a writ petition filed by the petitioners seeking release of the land from acquisition and its restoration in their favour.

The petitioners claimed that the land was owned and possessed by their ancestors and that they had continued in possession. They submitted that the land had been acquired for Birsa Agriculture University but had not been utilised for that purpose. They also relied upon a recommendation made by the Commissioner, Chhotanagpur Division in 1970 for release of the land. The petitioners further contended that compensation had not been paid to their predecessors and sought return of the land.

Opposing the petition, the State submitted that the land had been acquired after following the procedure under the Land Acquisition Act, 1894 and that an award had been prepared. It was also submitted that the petitioners had approached the Court after about 66 years and had failed to establish that they were the legal heirs or successors of the original awardees.

NUSRL submitted that part of the land had been utilised for construction of the University and that the concerned plots had also been the subject matter of earlier proceedings.

The Court noted that the acquisition of the plots in question under Land Acquisition Case No. 21 of 1957-58 was not disputed. It further noted that although the land had been acquired for the purpose of Birsa Agriculture University, the University had not utilised it for that purpose. The University had issued a No Objection Certificate and thereafter part of the land had been handed over to NUSRL, while another part had been utilised for construction of the Ring Road in Ranchi. The Court observed:

“The law is well-settled that once the land is acquired, that can be utilized for the public purpose.”

The Court also found that the petitioners had failed to satisfy it that they were the legal heirs or successors of the original awardees. It noted that the writ petition did not disclose how the petitioners were descendants of the original awardees and that no genealogy had been stated.

The Court further observed that the subsequent use of the land by NUSRL and for construction of the Ring Road, along with earlier proceedings concerning the land, further fortified that the land had been acquired in accordance with law.

The Court accordingly found no ground for interference and dismissed the writ petition.

Cause Title: Krishna Kachhap and Ors v. State of Jharkhand and Ors

Case Number: W.P.(C) No. 4590 of 2014

Appearance:

For the Petitioner(s): Mr. Laxman Kumar, Advocate.

For Resp. Nos. 1, 2 & 5: Mr. Manoj Kumar, Advocate [The State of Jharkhand].

For Resp. Nos. 3 and 4: Mr. A. Allam, Senior Advocate [Birsa Agricultural University].

For Resp. Nos. 6: Mr. Sudarshan Srivastava, Advocate [National University of Study and Research in Law].

Click Here To Read/Download Order


Full View




Tags: