Ram Lagan Sahu vs State Of Jharkhand through the Secretary

Gautam Kumar Choudhary, J

Instant writ petition has been filed under Article 226 of the Constitution of India to return the land of the petitioner situated in Khata No.57, Plot No.942 in which the respondent-State is running a school.

The facts are not in dispute that in year 1974, the petitioner had donated 11 decimal of land appertaining to Khata No.43, Plot No.940 , to the then Bihar Government for construction of a school. Further, 11 decimals of land was donated by the petitioner in Plot No.942 of Khata No.57, the school came in Plot No.942.

The school could not be constructed on the said plot rather it came up in Plot No.942, Khata No.57.

The petitioner had objected to the said construction with the Deputy Commissioner. On various representations filed by the petitioner, Deputy Commissioner called for a report from Halka Karamchari regarding encroachment of the land in Khata No.43, Plot No.940. As per the report, it was confirmed that the encroachment has been made on Plot No.940 in the process of construction of school over Khata No.57, Plot No.942.

The main grievance of the petitioner is that beyond the total donation of 22 decimal in both plots 940 and 942, the encroachment had been made in construction of school as well as in laying down the road.

In this regard, earlier vide order dated 15.06.2023 passed in this case, a direction was made for measurement of the land donated by the petitioner and to verify if there was any further encroachment in this land beyond the donated area. In pursuant to the direction, the Government Amin measured and had submitted a report which has been filed by way of supplementary counter affidavit by the State on 21st November, 2023. As per the report, there was encroachment of eight decimals of land beyond the donated area.

It is submitted by the learned counsel on behalf of State that encroachment has been admitted by the State and three options have been given which has been set out in para 9 of the counter affidavit.

In reply, learned counsel on behalf of petitioner submits that it will not be judicious to exercise the option for demolition of the school as proposed in para 9(a) and 9(b) and therefore, the petitioner, as per instruction, has opted for compensation offered by the State.

Under the circumstance, in view of the admitted facts of land encroached for the school and construction of road, the Deputy Commissioner, Ranchi is directed to make fair assessment of compensation in the light of prevailing land value as per circle area and award the same within eight weeks of the order.

Writ Petition stands disposed of. Interlocutory Application, if any, is disposed of.