- (1.) Challenge in this Letters Patent Appeal is the order of learned single Judge dated 26th April, 2006 in W.P.(C) No. 5089 of 2005, whereby, the learned single Judge has directed the appellant-Eastern Coalfields Ltd. to pay the admitted compensation to the respondents and also to provide employment to the land losers/dependants of the land losers, in accordance with law, taking into consideration the total land, as mentioned in the Agreement.
(2.) The appellant-Eastern Coalfields Ltd. has entered into an agreement with the respondents for use of the land/extracting the coal in respect of Plot Nos. 113, 114, 115, 116, 117 and 118, measuring areas of 0.40 Decimals, 0.15 Decimals, 0.51 Decimals, 0.19 Decimals, 3.00 Acres and 0.81 Decimals respectively, put together 5.06 Acres. According to the appellant, initially steps were taken for acquiring the land, in question, and in this regard a proposal for procurement of land was also initiated vide Reference dated 18th September, 1992, but, the General Manager advised the Agent/Manager to make an agreement with the land owners. Thereafter, according to the appellant, the land of the respondents was used only for extracting the coal and the said land was not acquired. According to the appellant, there was no clause made in the agreement to provide employment to the land losers. It is further submitted that since the land was only used for extracting the coal, referring to the guidelines dated 1.1.1985 the appellant declined to provide employment to the respondents, stating that the employment will not be considered for ownership of used land and since the land of the respondents has neither been acquired nor purchased, the respondents are not eligible to be considered for employment.
(3.) Being aggrieved by not providing employment and also not paying the compensation amount, the respondent herein filed a writ petition being W.P.(C) No. 5089 of 2005. After hearing both the sides, the learned single Judge held that the land has been utilised by the appellant and the appellant has extracted coal from two of the plots, in question. The learned single Judge in the facts and circumstances of the case, set aside the order dated 21st/22nd January, 2003, directed the appellant to pay the respondents the admitted compensation and also to provide employment to the land losers/dependants of the land losers.;