House compensation can’t be denied over land ownership dispute, rules Jharkhand High Court
SUMAN K SHRIVASTAVA Ranchi, August 3: In a significant ruling on land acquisition and property rights, the Jharkhand High Court on Monday…
SUMAN K SHRIVASTAVA
Ranchi, August 3: In a significant ruling on land acquisition and property rights, the Jharkhand High Court on Monday held that compensation for a house acquired for a public project cannot be denied merely because there is a dispute over the ownership or legality of the land on which it stands.
Justice Ananda Sen passed the order while disposing of a writ petition filed by Sachidanand Choudhary, directing the Deoghar district administration to assess and pay compensation for the petitioner’s residential structure acquired for the Punasi Dam Project within 16 weeks.
Court grants relief despite land ownership dispute
The petitioner challenged a January 12, 2021 order of the Deputy Commissioner, Deoghar, rejecting his claim for compensation on the ground that the land was government (Gair Mazaruwa) land and had not been legally settled in his favour. He contended that although his land and house were acquired in 1986 for the Punasi Dam Project, he was never compensated despite repeated representations and official enquiries supporting his claim.
The State argued that the petitioner had failed to establish a valid legal settlement under the Santhal Pargana Tenancy Act and was therefore not entitled to compensation. It further maintained that compensation granted to other persons was based on different factual circumstances.
Similarly situated landholders received compensation
During the hearing, the High Court noted that the respondents themselves admitted that compensation had earlier been paid to similarly situated persons, including Subhadra Devi and the heirs of Nanku Choudhary, for houses constructed on the same Gair Mazaruwa land.
The court also observed that official records and enquiry reports established the petitioner’s long-standing possession of the land and confirmed the existence of his residential structure.
Residential structure eligible for compensation
Justice Sen held that even if the petitioner was ultimately found ineligible for compensation for the land because of the dispute over the legality of the settlement, compensation for the house and other structures standing on the acquired land could not be denied.
Accordingly, the High Court directed the authorities to assess the value of the residential structure and disburse compensation within 16 weeks from the date of receipt of the order.
The writ petition was disposed of with these directions.
