- (1.) Heard counsel for the parties.
(2.) The dispute raised by the petitioner in this writ application is against the stand taken by the respondent B.C.C.L that against the acquisition of 4.05 acres of lands belonging to the petitioner, only one employment would be provided to him whereas against the remaining 5.55 acres of land sought to be acquired, as many as four employments have been offered. The grievance of the petitioner is against the disproportionality of the offer of employment vis-a-vis the area of petitioner's land sought to be acquired.
(3.) From the rival submissions of the counsel for the parties, it appears that an agreement was initially entered into between respondent B.C.C.L. and the owners of the lands, measuring 9.60 acres, under which it was agreed that if the landowners deliver the possession of the 9.60 acres of lands to the respondent B.C.C.L., then the respondents would grant as many as five employments to the petitioner and the other claimants. It further appears from the submissions made by the learned counsel for the respondents that while the other owners of the lands pertaining to 5.55 acres had delivered possession of their lands, but the petitioner did not deliver the possession of the remaining 4.05 acres of land in spite of repeated demand from him and furthermore, the petitioner has also not produced any reliable document to confirm his right and title over the 4.05 acres of land. Learned counsel for the respondents informs that though the petitioner had later produced a letter purpotedly issued by the Land and Revenue Deputy Commissioner, but in absence of any signature of the authority who had issued the letter, such document could not be considered as reliable and furthermore, from the verification of the Khatihan it transpires that the land has been recorded as Gairmazaruwa land belonging to the State Government and if this is so, then the petitioner may not have any right of claim over the land at all.;