IN THE HIGH COURT OF JHARKHAND AT RANCHI
W. P. (C) No. 1493 of 2008
1.Fateh Bahadur Singh, Village-Aliganj, Distt:- Pakur.
2.Suresh Singh, Village:- Aliganj, Distt:- Pakur
.............. Petitioner(s)
Versus
1. The State of Jharkhand through
its Secretary, Urban Development Department,
Ranchi.
2.Deputy Commissioner, Pakur.
3.Special Offier, Pakur Municipality, Pakur.............Respondent(s)
.............
CORAM : THE HON'BLE MR. JUSTICE D. N. PATEL
.............
For the Petitioner(s) : M/s Rita Kumari, Advocate
For the Respondent(s) : J. C. to S. C. (L&C)
...........
04 / Dated 13th January, 2010.
1. The present petition has been preferred to challenge the land acquisition
proceedings, initiated by the respondents.
2. Before the ld. counsel for the petitioner argues in detail, it is submitted by
learned counsel for the respondents that now Section-4 notification under the
Land Acquisition Act, 1894, has already been published on 28th June, 2007, and
thereafter, Section 6 notification has also been published on 26th January, 2008,
and thus, the land for which the notification has been issued under Section 4 is
now vested in the Government. It is also stated by learned counsel for the
respondent-State, upon instructions, that now the Land Acquisition Officer, has
also passed an award and the compensation amount has also been disbursed on
11th August, 2009, and the petitioner has also received a sizable amount of
compensation.
3. In view of the submission made by learned counsel for the respondents,
learned counsel for the petitioner seeks permission to withdraw this petition, but,
it is stated that liberty may be reserved with the petitioner to raise objection and
to file a reference under the Land Acquisition Act for getting more compensation.
4. In view of the aforesaid submission and looking to Section-4 and Section-6,
notification under the Land Acquisition Act, already published, and also looking to
the fact that now the Land Acquisition Officer has also passed an award, this
petition is permitted to be withdrawn reserving liberty with the petitioner to file
reference case or cases before the Court concerned for getting compensation at
the enhanced rate.
5. Accordingly, this writ petition is hereby, disposed of, as withdrawn.
(D. N. Patel, J.)
Sandeep/