- (1.) Heard Learned Counsel for the parties. The petitioner has sought for issuance of writ of mandamus upon the respondents to pay compensation for the land acquired for construction of C.C.L. washary and providing employment to the dependent of the petitioner.
(2.) According to the petitioner 174 acres of land of village Dania were acquired under Section 9 of the Coal Bearing Area (Acquisition and Development Act, 1957 for construction of C.C.L washery. Counsel for the petitioner submits that in respect of 5 acres of land in plot no. 505 under khata no. 37 of the said village Dania the respondents did not pay compensation and instead asked the Deputy Commissioner, Bokaro vide letter dated 5.1.1996 and 21.1.1996(Annexure 6 and 6/1) for confirmation of rayati rights of the petitioner for settlement of payment of compensation and employment to the dependants. Counsel for the petitioner further relies upon the certified copy of the order dated 28.11.1984 issued by the Circle Officer, Gomia accepting the rent receipt since the date of vesting of zamindari. It is submitted that the Circle Officer submitted his report to the Deputy Collector Land Ceiling and further the Additional Collector, Bokaro informed the General Manager, Land Revenue, C.C.L. vide letter dated 1.4.2003 (Annexure-12 and 13) confirming the rayati rights of the mother of the petitioner. It is contended by the petitioner that inspite of the same the compensation is not being paid and employment to the dependent has also been denied by the respondent, despite the acquisition of 5 acres of petitioner's land.
(3.) Learned Counsel for the respondent- C.C.L. on the other hand submitted that 174 acres of land were acquired for coal mine purpose under the provision of act of 1957 in village Dania vide notification being S.O. No. 981(E) dated 22.12.1980. According to the respondent under the said act, although there is no provision to provide employment to the dependent, but the respondents have formulated a scheme with regard to providing employment to the land losers who fulfill the criteria laid down in the said scheme for rehabilitation purpose. In an application made by the mother of the petitioner, she was asked to submit the certified copy of the relevant documents relating to her claim of settlement of lands in her favour, but instead of submitting the certified copy she submitted the photo copy of the documents which reveals several discrepancies like; the claim was based on unregistered deed of settlement i.e. a sada hukumnana granted by he ex- landlord not supported by any documentary evidence such as return filed by the ex- landlord at the time of vesting under the Bihar Land Reforms Act, 1950. Only the photocopy of the rent receipt issued in the year 1953 was submitted but no government rent receipt was submitted for the intervening period from 1953 till 1981 when the claimant filed a case before the Circle Officer, Gomia. The claimant has raised her claim long after notification under Section 9(1) of the Act and subsequent vesting by notification dated 22.12.1980. As per the provision of the act and notification the lands have been vested with the C.C.L. free from all encumbrances and such claim cannot be entertained. Even the rent receipt which have been enclosed have been issued at one stretch from 1981 to 1990 and no proof of payment before that date is available.;