W.P. (C) Nos. 7148, 7149, 7151, 7153, 7154, 7162, 7163, 7164, 7165, 7166, 7167 of 2016, 89, 112, 113, 135, 154, 158, 65, 67, 72, 73 and 74 of 2017. Case: Suresh Ram and Ors. Vs The State of Jharkhand and Ors.. Jharkhand High Court
| Case Number | W.P. (C) Nos. 7148, 7149, 7151, 7153, 7154, 7162, 7163, 7164, 7165, 7166, 7167 of 2016, 89, 112, 113, 135, 154, 158, 65, 67, 72, 73 and 74 of 2017 |
| Counsel | For Appellant: Sohail Anwar, Sr. Advocate, Rahul Kr. Gupta, Niyati Sah, Arbind Kr. Singh, Jitesh Kumar, K.K. Singh, Praveen Kr. Verma and Altaf Hussain, Advocates and For Respondents: Lukesh Kumar, JC to AG |
| Judges | Aparesh Kumar Singh, J. |
| Issue | Land Acquisition Act |
| Judgement Date | January 16, 2017 |
| Court | Jharkhand High Court |
Judgment:
Aparesh Kumar Singh, J.
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Learned counsel for the petitioners in WPC Nos. 7148/2016 to 7167/2016 submits that surviving defects may be ignored as counsel for the petitioners has, in advance, served copies on the counsel for the Respondent No. 6 who has already appeared in the batch of cases led by WPC No. 6886/2016. Petitioners also confine their prayer to para-1 of the writ application.
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Counsel for the petitioners in WPC No. 89/2017 to 113/2017 submit that legible copies have been supplied, but other defects relating to supply of continuous pages of the Land Acquisition Notification may be ignored as relevant extracts shall be verified to be true today itself.
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Counsel for the petitioners in WPC No. 135/2017 to 158/2017 submits that typed copies of certain illegible pages would be supplied during course of the day. Other documents enclosed are extracts of the relevant notification. Counsel for the petitioners shall remove the surviving defects in WPC No. 89/2017 to WPC No. 113/2017 and WPC No. 135/2017 to WPC No. 158/2017 during course of the day as stated above. However, since the extract of the Notification are being supplied, they are exempted from filing the complete Notification.
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In view of the submissions made, surviving defects in WPC Nos. 7148/2016 to 7167/2016 are ignored. Counsel for the petitioners submit that these writ petitions can be disposed of in the light of the common order passed in the batch of cases led by WPC No. 6886/2016, as the same prayer has been made in these cases also.
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Heard counsel for the parties.
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All these petitioners seek a direction upon the Respondent State to issue appropriate Notification for withdrawal of the acquisition of lands under L.A. Case Nos. 1/2006-07, 1/2006-07 & 3/2006-07, 3/2006-07, 10/2006-07 & 3/2006-07, 10/2006-07, 10/2006-07 & 3/2006-07, 02/2006-07, 07/2006-07 and 05/2006-07 initiated by District Land Acquisition Officer, Palamau. It is submitted that the land of the individual petitioners situate in village Kathautia, Sika, Garikhas, Batsara and Pathekhurd are covered by the acquisition proceedings which relate to seven villages in the district of Palamau. It is submitted that in view of de-allocation of coal bloc pursuant to the judgment rendered by the Apex Court in the case of Manohar Lal Sharma versus Principal Secretary and others [(2014) 9 SCC 516 & (2014) 9...
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