Ranchi, Shakeel Akhtar: In the legal opinion given to Chhavi Ranjan, Deputy Commissioner of Ranchi, the land at Sirmtoli was considered as ‘request for acquisition’ instead of ‘acquired’ for the army. For this, non-payment of compensation for the land was made the basis. However, Rs 78,350 had already been paid by the army as compensation in 1946. After legal opinion, the Deputy Commissioner gave his decision in the case filed by Vishnu Aggarwal considering only the request for acquisition instead of acquisition of the land. But he did not mention the legal opinion in his decision. This decision of the then Deputy Commissioner made Vishnu Agarwal the owner of 5.33 acres of land acquired for the army.
Know Chhavi Ranjan’s decision of July 8, 2022
Chhavi Ranjan, in his decision given on July 8, 2022, said that he can hear the matter. In the matter of this land, the circle officer of the city circle has sent his report. It has been said that in Register-2, Volume-1, Page-190, the name of Dr. Sanat Kumar Ghosh is registered in plot number-851, 908 and 910. The land rent is fixed at Rs 41.22. The rent receipt has also been issued in favor of the seller till 2022-23. In his decision, the Deputy Commissioner cited the information received by one Ajay Tirkey under the ‘Right to Information Act’. In this, it has been said that according to the information given to Ajay Tirkey, MS Plot No. 851, 908 and 910 have not been acquired by the army. The Deputy Commissioner, citing the letters written by the army in October and December 2021, wrote in his decision that the army is investigating whether the land has been acquired or not. There is no evidence related to payment of compensation for the land. Therefore, according to the rules, the acquisition process has not been completed in this case. There was only a request for takeover. In such a situation the land cannot be kept in possession after March 10, 1987 in the light of the request for acquisition. Therefore, this land is required to be vacated by the defendant.
The details of payment are recorded in the Military Land Register
The details of acquisition of land are recorded in Volume No-3, Page No-52 of the document kept in Military Land Register, Danapur Circle. It said that plot numbers-851, 908 and 910 of ward number-6 of Ranchi were acquired under ‘Defence of India Rule-1939’ notification number-3398, dated July 20, 1949. It was published in the Bihar Gazette on August 3, 1949. The Government of India, War Department, Army Branch, New Delhi, with the help of letter no. 5206/104/Q3 (H), dated July 12, 1946, accepted Rs.78 thousand 350 as the cost of the land.
Argument presented by Vishnu Aggarwal
Vishnu Aggarwal purchased the land named ‘Dilkhush House’ (MS Plot No. 851, 905) at Sirmtoli from its heirs Mahua Mitra and Sanjay Ghosh on February 7, 2018. After purchasing the land, he filed a case (8R28/2018-19) in the court of the Deputy Commissioner. In this, Director General Defense State Delhi, Principal Director Defense State Lucknow, Defense State Officer Danapur and Station Commander, Station Headquarters Deepatoli were made defendants. In the petition, it was said on behalf of Vishnu Aggarwal that in the Second World War, it was decided to bring the Eastern Command of the British Army from Kolkata to Ranchi. In view of the need of the land for the Army, the Governor of Bihar made a ‘request’ for acquisition of the land using the powers vested in the Defense of India Rule. The notification related to this (824-OR/41) was published on October 4, 1941. The petition claimed that after purchasing the land, several letters were sent on behalf of Vishnu Aggarwal to the concerned army officers. Legal notice was sent on not getting the reply, but no response was received. As per rules, this land should have been transferred to its rightful owner. But the army is unauthorizedly occupying the land. Therefore, the request made for acquisition of the land should be rejected and cancelled.
Argument presented by the Central Government
In the argument presented by the army, it was said that the claimant on the land is not its real owner (Mahua and Sanjay). The land, which is said to have been requested only for acquisition, has been permanently acquired. The gazette notification (17(42)-W-10/46) related to this was issued on 28 September 1946. As per rules, in case of request for acquisition, the Deputy Commissioner can hear the cases related to it. Permanent acquisition of land has been done. Therefore, the Deputy Commissioner has no right to take any action in this matter. The Ministry of Defense has full right and ownership on this land. Compensation has been paid to the actual owners of the land. The details related to this are recorded in the Military Register. Therefore the petition filed by Vishnu Aggarwal should be quashed.
Legal opinion given to Deputy Commissioner
Legal opinion was given to the Deputy Commissioner in 23 pages. In this various sections of Requisition and Acquisition of Immovable Property Act-1952, The Requisitioned Land Continuation of Powers Act-1947 were considered. After this, in the legal opinion given in the case, it was said that there is no evidence related to compensation payment in connection with the land. In case of non-payment as per rules, the acquisition will not be considered complete. Thus it is a matter of request for acquisition of land. A similar case (Rai State vs Government of Jharkhand) in the Supreme Court has ordered the land owner to return the land.
Second summon to Chief Minister Hemant Soren soon
Here, a second summon can be issued to Chief Minister Hemant Soren soon in the case of land purchase and sale. Instead of appearing for questioning on August 14, a letter was sent to the ED regarding the adoption of the legal route by the CM. In the light of this letter, senior officers of ED are discussing. The ED is likely to issue summons to the CM for the second time soon for questioning. The ED had sent summons on August 8 and asked the Chief Minister to appear at the regional office in Hinoo on August 14 for questioning. He has to be questioned regarding the purchase and sale of tribal land.
Second summons to Vishnu Agarwal’s wife
On the other hand, the Enforcement Directorate has sent a second summon to Vishnu Agarwal’s wife in connection with the purchase and sale of land. He has been directed to appear at the Directorate’s regional office in Ranchi for questioning on August 26 at 11 am. Earlier, he was sent summons and directed to appear on August 12 for questioning, but he sought time citing being out of Ranchi.
Prem Prakash’s remand period ends, sent to jail
Prem Prakash, accused in the land scam, was presented in the ED court on Wednesday after the remand period ended. The court of Special ED Judge Dinesh Rai sent Prem Prakash to Birsa Munda Central Jail (Jail) in judicial custody. Earlier, the ED had taken PP on remand for five days on August 11. Significantly, Prem Prakash, who was lodged in jail on charges of money laundering related to illegal mining, was taken on remand by the ED in the land scam case. He was arrested in the land scam case after the production warrant was issued. Idi considers Prem Prakash to be the mastermind in the case of registration of one acre of land in Cheshire Home Road with a fake deed. In its investigation, the ED had requested the court to issue a production warrant for the arrest of Prem Prakash. There was a debate on this for three days. After arguments, the court allowed the production warrant to be issued. On the basis of this warrant, ED arrested Prem Prakash again in the land scam case. Prem Prakash was arrested by the ED about a year ago in the illegal mining scam worth one thousand crores.