APARESH KUMAR SINGH,J. - (1.) HEARD Learned Counsel for the parties. This writ petition has been preferred for commanding upon the respondent to immediate and forthwith release the compensation in lieu of his house situated in an area 0.93 decimals for dumping the coal in Khata No. 44, Plot No. 229(P) in Village - Vishrampur, District -Ranchi, which has been taken by the respondent in their possession for dumping the coal. It is submitted by Learned Counsel appearing for the petitioner that petitioner had thereafter made several representation for the payment of compensation to the respondents as annexed as Annexure - 5 and 5/A as well as other letters to the respondents, but till date he has not been granted any compensation, although the matter was thoroughly enquired and valuation has been made regarding the same by the respondent.
(2.) LEARNED Counsel for the respondents have also appeared and filed their counter affidavit. From the averment made in the counter affidavit, it appears that the respondents admitted that house in question was demolished inadvertently for OB dumping for Karketta Project. Thereafter, respondents realized their mistake. The measurement was made and the valuation was sent by the General Manager (N.K. Area) to the Revenue Department Headquarters of Central Coalfields Limited at Ranchi for its approval by the competent authorities. However, file was misplaced in transit, which was reconstructed and placed before the Director (Technical) and Director (Project and Planning, Central Coalfields Limited, Ranchi. However, it is submitted by Learned Counsel for the respondents that on the said proposal no final decision has yet been taken.
(3.) FROM the aforesaid facts and submission of the parties, it appears that the claim for compensation of the petitioner is pending since long and factum of the petitioner's land being used for OB dumping for Karketta Project has also been admitted. However, the respondents have also in their counter affidavit categorically stated that the claim for compensation in favour of the petitioner has been delayed and forwarded to the highest level, but no final decision has been taken over the issue. The aforesaid counter affidavit has been filed in October, 2007 itself and inspite of lapse of time no final decision has been taken. Learned Counsel for the petitioner also submits that no final decision has been taken. In the circumstances, counsel for the petitioner prays for direction upon the respondent in terms of statements made in the counter affidavit to pay compensation amount to the petitioner for the plot used by the respondents in connection with works of the respondents Central Coalfields Limited at Karketta Project in view of the fact that the respondents have categorically admitted the claim of the petitioner relating to compensation but final decision has only been delayed.;