BHARAT COKING COAL LIMITED Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) All these writ petitions have been taken up together with the consent of the parties as common issues are involved in all these writ petitions and are being disposed of by this common order.

(2.) These writ petitions have been filed under Article 227 of the Constitution of India whereby and whereunder order dated 28.06.2019 passed in Misc. Civil Petition No. 687 of 2018/Execution Case No. 68 of 2014 (In WPC No. 5808 of 2019); Misc. Civil Petition No. 689 of 2018/Execution Case No. 70 of 2014 (In WPC No. 5818 of 2019); and Misc. Civil Petition No. 693 of 2018/Execution Case No. 73 of 2014 (In WPC No. 5822 of 2019), by which, the objection filed by the petitioner under Section 47 of the Code of Civil Procedure (in short C.P.C) has been rejected.

(3.) Brief facts of the case of the petitioner, as per the pleadings made in the writ petition, is that in pursuance to the proceeding initiated under the Land Acquisition Act, 1894, (in short 'the Act, 1894') land in question has been acquired which was the subject matter of Land Acquisition Case Ref. Case No. 03/2011 (In WPC No. 5808 of 2019); Land Acquisition Case Ref. Case No. 05/2011 (In WPC No. 5818 of 2019) and Land Acquisition Case Ref. Case No. 09/2011 (In WPC No. 5822 of 2019). In the aforesaid L.A. Ref. Cases, judgment has been passed on 28.04.2014 and in pursuance thereto decree has been prepared on 02.05.2014 and signed on 05.05.2014. The land losers have filed execution case being Execution Case 68 of 2014, Execution Case 70 of 2014 and Execution Case 73 of 2014 respectively for execution of decree. However, M/s Bharat Coking Coal Limited, the beneficiary (the petitioner herein), has filed an objection under Section 47 of the CPC on the ground that due to coming into effect of the new Act, The Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 (in short 'Act, 2013'), wherein a provision has been inserted as under Section 24 (2) thereof, which provides the conditions for initiation of land acquisition proceeding, if initiated under the provisions of the Act, 1894.