IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 12 of 2009
with
W.P.(C) No. 6495 of 2010
with
W.P.(C) No. 1475 of 2011
with
W.P.(C) No. 1549 of 2009
with
W.P.(C) No. 4839 of 2009
with
W.P.(C) No. 6350 of 2010
with
W.P.(C) No. 6548 of 2010
with
W.P.(C) No. 6427 of 2010
with
W.P.(C) No. 6448 of 2010
with
W.P.(C) No. 6449 of 2010
with
W.P.(C) No. 3872 of 2010
---
Charku Singh Munda (WPC 12/2009)
Binod Bihari Kumar (WPC 6495/2010)
Kosto Gorai and another (WPC 1475/2010)
Gorachand Kuiry and others (WPC 1549/2009)
Ashoke Sen (WPC 4839/2009)
Parameshwar Mahato and others (WPC 6350/2010)
Navin Chandra Mahato (WPC 6548/2010)
Lil Mohan Mahato and others (WPC 6427/2010)
Shiv Charan Mahato (WPC 6448/2010)
Sukdeb Mahato (WPC 6449/2010)
Dukhu Ram Mahato (WPC 3872/2010) Petitioners
Versus
The State of Jharkhand through the
Secretary, Department of Water
Resources, Govt. of Jharkhand
& others (in all the cases) Respondents
---
CORAM: The Hon'ble Mr. Justice R.K. Merathia
---
For the Petitioners: Mr. Jagannath Mahato, Advocate
For the Respondents: Mr. S. Choudhary, SC (L&C) and
Mr. S. Akhtar, SC (Mines)
---
9.11.04.2011
Mr. Jagannath Mahato, learned counsel appearing for the
petitioners in all the cases, submitted that the petitioners have not
been given all the benefits under rehabilitation scheme fully.
2. On the other hand, counsel for the State, submitted that in
the absence of counter-affidavit, they are not in a position to either
accept or controvert the statements made in the writ petition. They
further submitted that it is not known whether petitioners’ claim are
genuine or not and that, in some cases, some amount has been paid.
They also submitted that if there is any objection, the objectors are to
be given opportunity of hearing.
3. In the circumstances, petitioners are given liberty to file
fresh representation individually before the concerned authority. If the
claims / part of it are found genuine on due verification and after
hearing the concerned parties, if any, the same should be provided to
them. If the claims / part of it are not found genuine, the same should
be rejected and the reasons thereof should be communicated to the
petitioners. It goes without saying that if any further amount is found
payable in any case, the amount already paid, if any, will be adjusted.
This exercise should be completed as early as possible and preferably
within three months from the date of receipt of such representations.
It is made clear that this court has not gone into the
merits of the claims of the petitioners.
With these observations and directions, these writ
petitions stand disposed of.
As prayed, let a copy of this order be given to the counsel
for the State.
(R.K. Merathia, J)
Ranjeet/