IN THE HIGH COURT OF JHARKHAND AT RANCHI.
W.P. (C) No. 441 of 2008
...
Dheeraj Kumar Singh ... ... Petitioner
-V e r s u s-
Managing Director, Mineral Area Development Authority, Dhanbad &
Others ... Respondents.
...
CORAM: - HON'BLE MR. JUSTICE D.G.R. PATNAIK.
...
For the Petitioner : - Mr. Anuj Kumar, Advocate.
For the Respondent-M.A.D.A.: - Mr. Aparesh Kumar Singh, Advocate.
...
3/25.02.2009
Prayer in this writ application is made for issuance of a direction to
the Respondent-Mineral Area Development Authority, Dhanbad (M.A.D.A.) for
approval of the Map/Plan of construction of building on Raiyat Plot of lack
located at Hirapur Mouza in the District of Dhanbad.
Heard the learned counsel for the petitioner and the learned
counsel for the Respondent-State.
Learned counsel for the petitioner would submit that the petitioner
is the holder of power of attorney executed in his favour by the purchasers of the
lands in question. Such purchase was made by the present owners way back in the
year 1962 by the Registered sale-deed. With intent to construct a building over the
land, the purchasers have submitted a map/building plan before the Respondents-
authorities for due approval and the requisite fee of Rs. 19,850/- has also been
deposited. Yet, the Respondents have not accorded their approval of the building
plan and on the contrary, have been insisting upon the petitioner to produce the
original documents regarding permission granted by the Deputy Commissioner
under the C.N.T. Act for surrender of the lands in the name of the earlier
transferee, since the lands was originally recorded in the Revenue record of rights
in the name of a member of the Schedule Tribe.
Learned counsel explains further that the petitioner has tried to
trace out the order of the Deputy Commissioner but has not been able to trace the
same as yet and has accordingly informed the Respondents-authorities. Inviting
attention to the report of enquiry submitted by the Circle Officer (Annexure-3 and
4), learned counsel explains that the Circle Officer has examined the documents
including the Surrender Deed and the Purchase Deed both of which were duly
Registered and the entries thereof have been made in the records of the
Registrar’s office and it has been confirmed that both the documents are genuine
and legitimate. Learned counsel adds further that the petitioner is in possession of
the lands in question ever since the date of its purchase in the year 1962.
Learned counsel for the Respondents on the other hand would
submit that since the lands were admittedly belonging to the members of the
Schedule Tribe, the Respondents would certainly want to be assured that the
purported act of surrender by the Tribal to the non-Tribal was made with due
approval and order of permission of the Deputy Commissioner under the
provisions of law and for this purpose the Respondents have directed the
petitioner to produce the original document of the order of permission of the
Deputy Commissioner.
It appears from the documents filed and the submissions
made by the learned counsel for the parties, that admittedly the purchasers of the
lands in question are in possession and occupation of the lands since the date of
purchase is 1962. A purported deed of surrender was executed way back in the
year 1948 and the recitals therein would indicate that the surrender of the lands
was made pursuant to the orders of permission granted by the Deputy
Commissioner under the C.N.T. Act. Besides the above, it also appears that in the
format for making an application for approval on the building plan, a clause has
also been inserted whereby the applicant has to file an indemnity bond in terms of
which he would be liable to all the consequences if it is found that any false
information has been furnished by the petitioner.
Considering the entire facts and circumstances of the case, the
Respondents are directed to consider the petitioner’s application for approval of
the building plan and in doing so, may impose any condition by way of indemnity
on the petitioner as they may deem fit, proper and reasonable in the light of the
apprehensions of the future contingencies, if any.
With these observations, this writ application is disposed of at the
stage of admission itself.
Let a copy of this order be given to the learned counsel for the
Respondent-M.A.D.A.
(D.G.R. Patnaik, J.)
APK