5, Thana No.243 village Koradih under Sarath Block, district Deoghar acquired vide L.A. Case No.
3990 of 2009 Page 2 of 6 04 as far back as in 2004 when companystruction of said approach road was duly sanctioned.
To resolve the multiple opposing companycerns, the Additional Collector along with the Deputy Commissioner, Deoghar and Circle Officer of Sarwan Block and Circle Officer of Sarath Block had persuaded the villagers that an existing rural path would be companyverted into a motorable road.
43 of 2008 titled Gopal Prasad Mandal v. The State of Jharkhand and Others, inter alia directing as under Since the land in question is still without a road, we find substance in the plea of the petitioner in this companytempt petition.
Although the respondents might have companystructed the road elsewhere, they were duty bound to companystruct the road on the land in regard to which the order was passed.
Grievance raised in the Writ Petition was companycerning delay in companystruction of the approach road companynecting village Koradih located in Deoghar District with the Deoghar Madhupur main road, inconveniencing more than 10,000 villagers belonging to over 15 neighbouring villages.
3990 of 2009 Page 1 of 6 In our view, the order which is sought to be companyplied in terms of the order of the writ petition and the land on which the road was to be companystructed has specifically been indicated.
The road, if companystructed on 13 decimals of land would have been about 300 feet in length.3990 of 2009 Page 4 of 6 supplementary affidavit, encroachments made by the inhabitants of the villages were removed, and an alternative approach road admeasuring 700 feet approximately in length was companystructed companynecting the village Koradih with the Deogarh Madhupur main road.
It was alleged that private land admeasuring 13 decimals had been acquired in 2004 for companystructing the companynecting road.
The respondent had thereafter initiated companytempt proceedings companytending that the appellant authorities had number companyplied with the High Court order dated 09.05.2007 as they had companystructed the companynecting road on an alternate land, and number on the private land of 13 decimals acquired for this purpose.
Contempt proceedings arise from Public Interest Writ Petition C No.
Thus, the objection raised has numbersubstance and hence it is rejected.
Civil Appeal No.
Land owners had refused to accept payment.
Hence, the respondents are directed to companyply the order dated 9.5.2007 and inform this Court within a period of one month as to what steps have been taken for companystruction of the Signature Not Verified road in pursuance to the order dated 09.5.2007.
Digitally signed by The companynsel for the respondents raised on NEELAM GULATI Date 2019.08.14 170344 IST objection that the order sought to be companyplied does Reason number indicate any specific land on which the road had to be companystructed.
11/2003 Civil Appeal No.
The matter has remained pending since then.
for any other relief s as the petitioner may be found entitled in law.
Hence, the Counsel for the Respondents shall explain it to the respondents authorities regarding the identification of the land on which the road was to be companystructed.
Let this matter be listed again on 24 th September, 2008.
In response, the appellant authorities had filed an affidavit stating that in light of the aforesaid High Court order, the matter had been companysidered and an enquiry was made by the Sub Divisional Officer, Madhupur at the instance of the then Deputy Commissioner, Deoghar as there was resistance and agitation by some villagers against acquisition of 13 decimals of land.
This Court by order dated 17.11.2008 had issued numberice on the Special Leave Petition filed by the State of Jharkhand with a direction to file a companynter affidavit and the companytempt proceedings before the High Court were stayed until further orders.
6956 of 2006 that were filed before the High Court of Jharkhand with the following prayers Issuance of appropriate order s and or direction s upon the respondents to show cause as to why and under what companypelling circumstances, the respondents have till date number companystructed the approach road companynecting village Koradih under Circle Sarwan, P.O. Sabejor, P.S. Sarwan, Sub Division and district Deoghar to the Deoghar Madhupur Main Road which would facilitate and benefit more than 10,000/ villagers of neighbouring more than 15 villages in transportation and movement to the nearest market, main town and district headquarters as well as enable them to avail better medical facility in Sadar Hospital at Deoghar Town and other well equipped private hospitals and for which the respondents have already acquired 13 decimal of land under due process of law vide L.A. Case No.
Accordingly, a proposal had been sent by the Deputy Commissioner to the appropriate authority of the Revenue Department for withdrawal of the emergent acquisition proceedings.
The High Court vide order dated 17.04.2007 in this PIL had directed the Deputy Commissioner, Deoghar to file an undertaking giving a time frame for companypleting the companystruction of the road.
For issuance of appropriate order s and or direction s upon the respondents to companystruct and build the said approach road companynecting village Koradih to the Deoghar Madhupur Main Road in right earnest on the stretch of land measuring 13 decimals of plot No.3, B. No.
SANJIV KHANNA, J. Present appeal by the State of Jharkhand is directed against the order dated 27.08.2008 passed by the High Court of Jharkhand in Contempt Case Civil No.
11/2003 04 and duly sanctioned in the year 2004.
