IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No. 2691 of 2011
Arvind Prasad Singh ... ... Petitioner
Versus
The State of Jharkhand and others ... ... Respondents
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CORAM: HON'BLE MR. JUSTICE R.R. PRASAD
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For the Petitioner : Mr. Bindhyachal Singh, Advocate
For the Respondents : G.A.
For the BIADA : Mr. Krishna Shankar, Advocate
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2/20.09.2011
Heard the parties.
Learned counsel appearing for the petitioner submits
that Bokaro Industrial Area Development Authority, Bokaro
(B.I.A.D.A.) had settled 14 acres and 16 acres of land vide registered
lease dated 26.4.1986 and 23.8.1988 respectively in favour of the
Association of Entrepreneurs. In course of time, the Association sub-
leased some part of the aforesaid land bearing Plot No. 42A situated
at Ukrid, Sector-12, Bokaro, measuring an area of 4353 sq. ft. (74′ x
58’10”) i.e. 0.10 acres of Khata No. 94 to the petitioner vide a deed
dated 16th June, 2008, but the petitioner could not take possession of
that piece of land for the reason that land has been encroached by
some unauthorized persons. In that situation, the petitioner did file
representations before the Managing Director, B.I.A.D.A.-respondent
no. 4 as also before the Deputy Commissioner, Bokaro-respondent no.
5 who is presently also holding the post of Managing Director, but
none of the Authorities did do anything in the matter relating to
removal of encroachment and as such, the petitioner has to move to
this Court for redressal of his grievance.
There has been no dispute that the land, in question,
was settled in favour of the petitioner by the Association of
Entrepreneurs, in whose favour land had been leased out by the
B.I.A.D.A. As soon as the land was transferred in the name of the
petitioner, he started making payment of rent to the B.I.A.D.A. In spite
of that, the petitioner could not take possession of that land for the
reason that the said land had been encroached by some unauthorized
occupants and hence, representation was made both before the
Managing Director, B.I.A.D.A. as also before the Deputy
Commissioner, Bokaro, but nothing has been done in this respect.
In the facts and circumstances of the case, this writ
application is disposed of directing the petitioner to file a fresh
representation in this respect before the Deputy Commissioner,
Bokaro (respondent no. 5), who is presently holding the post of
Managing Director, B.I.A.D.A., along with a copy of this order, within
three weeks from today. On receiving such representation, the
respondent no. 5 will act upon so that the land be made
encroachment free, if there has been illegal encroachment, after
ensuring that the occupant does not have any right to occupy that
land, within a period of two months thereafter.
(R.R. Prasad, J.)
AKT