S.J.MUKHOPADHAYA, J. - (1.) THIS application has been preferred by the petitioner Umesh Man -dal wherein he has prayed for direction on the respondents to forthwith provide him compensation in terms of money and service as per the policy as in vogue, the land of the petitioner is being used by the respondents Company since the year 1979.
(2.) THE respondents in their counter -affidavit stated that the total land measuring 2.34 acres belonged to three persons, namely: (a) Umesh Mandal (petitioner) 1.17 acres; (b) Chhotu Mandal (brother of petitioner -deceased) 0.16 acre; and (c) Smt. Saraswati Mandalain (daughter of Chhotu Mandal) 1.01 acres. It has further been stated that there was a policy of providing one job if total area of two acres is acquired for the purpose of mining and for allied purposes, but now such policy is not in vogue and another policy issued from prospective date by the C.I.L. and its subsidiaries.
(3.) THE parties were asked to file affidavits enclosing the copies of the policy decision. The petitioner has enclosed the policy decision as was in vogue in 1979, circulated, vide letter No. 5512 dated 3rd September, 1975. The relevant provision, reads, as under ; "(1) if the minimum area of land acquired is not less than one acre and no more than 3 acres, one person may be offered employment irrespective of the number of the families owing the land. And (2) if the land is more than 3 acres, employment may be given to not more than two persons provided, however, there is more than one family i.e. if there is more than one owner.";