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Judgment
This writ petition has been filed under Article 226 of the Constitution of India to command upon the respondents to rehabilitate the petitioners as per the provisions of Right of Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 by re-calculating the Award for their land as per the present market value. The prayer is also made to return the land to the petitioners which was acquired for the purpose of P.T.P.S which has not been utilized. The prayer has also been made for employment in terms of the Policy.
Learned counsel for the petitioners submits that the petitioners are the tribals and only 12.59 acres of land has been acquired for construction of Thermal Power Station which has been further taken by the NTPC and that has occurred in the year 1961-62. He next submits that, however, the entire village namely, Hesla was being disturbed and there is apprehension that the persons whose lands have not been acquired, they will also be disturbed.
The learned counsel for the respondent State as well as the learned counsel for the respondent-NTPC submit that the land has already been acquired and compensation has also been paid.
In view of above, it appears that the dispute is there with regard to rest of the land of the Village-Hesla and that cannot be a subject matter under Article 226 of the Constitution of India, and in that view of the matter, the petitioners are directed to appear before the respondent nos.4 and 5 by way of filing fresh representation.
The Deputy Commission, Ramgarh is hereby directed not to disturb the other raiyats whose lands have not been acquired and for that, the petitioners shall approach the respondent nos.4 and 5 by way of filing fresh representation within three weeks from today and the Deputy Commissioner, Ramgarh shall take into account the submission of the petitioners and will pass the appropriate reasoned order in accordance with law within eight weeks further thereafter.
With the above observation and direction, this writ petition is disposed of.
Pending petition, if any, also stands disposed of.