JUDGEMENT
S. Chandrashekhar, J. -
(1.) I.A. No. 1776 of 2015
(2.) I .A. No. 1776 of 2015 has been filed for addition of following prayer:
"And the petitioner prays for issuance of an appropriate writ/writs, order/orders, direction/directions in the nature of Mandamus commanding upon the respondents to get initiate the proceeding for fixing the compensation of acquired land of the petitioner. Let notice be issued to the collector, Hazaribagh to start a proceeding under the Land Acquisition Act for fixing the compensation of the land of the petitioner acquired by the respondents".
From the scheme of the Land Acquisition Act and the facts disclosed in the present proceeding, I find no legal right in the petitioners to seek a direction upon the respondents for initiating a proceeding for fixation of compensation for the acquired land. Accordingly, I.A. No. 1776 of 2015 is dismissed.
W.P.(C) No. 6402 of 2014
Seeking a direction upon the respondents to pay compensation to the petitioners and to provide employment to the petitioner Nos. 1, 5 and 7 in terms of respondent -CCL's policy, the present writ petition has been filed.
The brief facts narrated in the writ petition are that, the ancestors of the petitioners were recorded raiyats and owners of the land comprised in Khata No. 92/25 in Village -Bhadwa, Thana -Mandu, District -Hazaribagh (now Ramgarh). The said land was settled by the ex -landlord by a Hukumnama and after vesting of the Jamindari in the State of Bihar, the ancestors of the petitioners were recognised as tenants and they were granted rent receipts. In the year, 1988, the respondent -CCL for the purpose of Arrah Project under Kuju Area, acquired aforesaid land and the agreement was executed between the petitioner Nos. 2, 3, husband of the petitioner No. 7 and one Bhola Mahto and the Project Officer, Arrah Project, on 13.05.1988 under which it was agreed that if the ownership certificate from the District Administration is obtained, the land owners would be paid compensation. The respondent -CCL also agreed to give employment. It is stated that the petitioner Nos. 2, 3, 4 and 6 got employment under the respondent -CCL however, even after lapse of several years, the respondent -authorities have not paid compensation to the land owners. A report from the Circle Officer, Mandu was submitted to the District Land Acquisition Officer on 19.11.1988 stating that some part of the land is cultivating land and some part is Land. A report was also submitted by the Anchal Amin on 14.09.1992 stating that the land in question belonged to the ancestors of the petitioners. The petitioner No. 1 made representation on 02.05.1996 to the respondent No. 4 however, even after lapse of so many years, compensation to the petitioners have not been paid. Vide letter dated 09.05.1996, the petitioners were directed to approach Chief Survey Officer on 14.05.1996 and after the petitioners produced relevant documents, they were assured that compensation would be paid to them by the Land Acquisition Officer. Since no compensation was paid to the petitioners, on 27.02.2008 the petitioners made representation and the petitioners sent a legal notice on 25.06.2012 however, the respondents are not taking any action in the matter and therefore, constrained, the petitioners have approached this court.
(3.) THE learned counsel for the petitioners reiterates the stand taken in the writ petition and submits that without paying compensation to the petitioners and without providing employment to the petitioner Nos. 1, 5 and 7, the land belonging to the petitioners has been acquired by the respondent -CCL and therefore, a direction may be issued to the respondent -CCL to pay compensation to the petitioners and provide employment in terms of its own policy.;
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