Jharkhand High Court orders erring officials to compensate for demolitions on RIMS land

The Jharkhand High Court has directed that erring officials should compensate the residents whose constructions have been demolished on account of it being encroachment of land within the acquired land of the Rajendra Institute of Medical Sciences (RIMS).

A report was placed before the High Court by Member Secretary, JHALSA, which stated encroachment had been found within the premises of the RIMS to the extent of about 7 acres of land.

A bench of Chief Justice Tarlok Singh Chauhan and Justice Sujit Narayan Prasad said that Court while refraining itself from handing over the investigation to the CBI directed the State Police to institute an FIR and investigation be conducted by the Anti-Corruption Bureau against the erring officials.

It said that while administrative authority, had started removing the encroachment, the question was that how in the first place such construction had been allowed to be there in the acquired land which has been acquired way back in the year 1964-65. "Further, the land in some of the cases has also been registered in the name of the subsequent transferee(s) and the revenue record(s) has been manipulated, rent receipt(s) have also been issued as also non incumbrance certificate(s) has also been issued. Even the building plan(s) has been sanctioned by the Ranchi Municipal Corporation and the same has also been approved by RERA and even the map for the multi-storey building(s) has been sanctioned", it added.

High Court was also shocked to note that at no stage, any query had been raised regarding the issue of title of the land by the concerned authorities and the land had been allowed to be transferred in favour of one or the other private party even though the land had already been acquired.

"This Court needs to comment herein about the conduct of the district administration including the Revenue Authorities which include the Circle Officers of the concerned circle that circle officers who were in the possession of the entire record but very surprisingly, the Circle Officers of the concerned circle without verifying the said record had entered the name of the subsequent purchaser(s), even though as per the Bihar Maintenance of Records Act, 1973, the circle officer is the custodian of the record. It is also surprising that the circle officer has placed the record before this Court but while entering the name of the litigant concerned at the relevant time, has not taken care to even consult much less verify the said record", the bench further observed.

"Further, departmental proceeding be also initiated against them who are found to be involved in either registration of the land in the name of the subsequent transferee(s); or manipulation of the revenue record(s), or issuing rent receipt(s) or issuing non-incumbrance certificate(s); or sanctioning the building plan(s)/map(s) as to how the Government Land has been allowed to be transferred in the name of a third party. This Court is also of the view that if these officials would have been vigilant then there would not have been suffering of the people who are now suffering due to the demolition of the illegal construction over the acquired land of the RIMS, i.e., the government acquired land", the bench ordered.

Court also viewed that the residents, whose residences have/are being demolished, were also entitled to be compensated but the question was that why the State Exchequer should be made to bear the expenses of compensating the affected persons due to the illegality committed by the officials of the State, Municipal Corporation etc. etc. and why not the erring officials and the builders who have allowed the construction over the acquired Government Land or constructed the multi-storey building(s).

"Accordingly, the State is directed to fix accountability on each and every official who is involved in the said mal-practices and adequately compensate the residents/affected persons whose construction(s) have been demolished which expenses as observed above shall be borne by these erring officials and the builders", the bench ordered.

Case Title: Jyoti Sharma vs. The State of Jharkhand and Ors.