IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No. 1423 of 2004
Ahmad Ali... ... ... ... ... Petitioner
Versus
Chief Managing Director, C.C.L. & Ors.... Respondents
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CORAM: HON'BLE MR. JUSTICE AJIT KUMAR SINHA
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For the Petitioner: Mr. Sri Krishna Pandey
For the Respondent nos.1-5: Mr. A.K. Das
For the Respondent no.6: Mr. Mahavir Pd. Sinha
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4/21.4.2009
The present writ petition has been preferred for claiming
compensation in lieu of acquisition of alleged land to the extent of
1.50 acres and also compensatory employment in lieu of the
acquisition of land under C.B.A. Act.
There is serious dispute with regard to the area and extent
of land in question. The respondents in their counter affidavit admit
that the acquisition under Coal Bearing Area (A&D) Act 1957 was
for an area of 1.50 acres. The respondents in their counter affidavit
at para-15 has stated as under:
“That the statements of paragraph-13 of the writ
application are matter of records. However, it is
further stated that the petitioner, as mentioned in
above paragraphs purchased only 1.50 acre and not
2.00 acres. It is also not correct that his 2.00 acres of
land fall within the active working zone of the
respondents. In fact, of the 1.50 acres purchased by
the petitioner, only 0.30 acre fall within the active
working zone and rest not.”
Upon being questioned, the learned counsel for the
respondents submits that the petitioner was put to notice to collect
the amount in lieu of compensation on 10.1.2000 and date was
also fixed for payment but he did not turn up to receive the
amount.
Be that as it may, once they admitted that amount of
compensation is payable in lieu of acquisition of land in question
they should at least release the amount to which petitioner is
admittedly entitled to.
However, as regards the other claim of compensatory
employment there are two hurdles. Firstly, as per the Scheme the
petitioner is not entitled for compensatory employment since
2.
there has to be an acquisition of land measuring 2.00 acres
whereas the acquired land of the petitioner in question is
measuring 1.50 acres only. Secondly, in view of the fact that there
is no legal or accrued right to have compensatory employment the
relief claimed can not be granted.
Considering the aforesaid facts and circumstances of the
case, the respondents are directed to release the compensation
amount for the area in question i.e. 1.50 acres of land within a
period of two months from the date of receipt of a copy of this
order. They should also consider the payment of interest in
accordance with law.
This writ petition is accordingly allowed in part with the
aforesaid directions.
(Ajit Kumar Sinha, J)
Sudhir/