- (1.) Seeking a direction for payment of compensation and other benefits to the petitioner by the respondentBCCL for forcefully acquiring the land of the petitioner, the present writ petition has been filed.
(2.) Briefly stated, the facts stated in the writ petition are summarised thus; The petitioner claims that he is the owner of land situated at Thana No. 239, Khata No. 63 and 64, Kesra Nos. 2006, 2009, 2010, 2011, 2012, 2014 and 2015 at Sakhin Rajhbari Road, Katras Bazar, Dhanbad, admeasuring 2.39 acres and the said land was acquired for expansion of New Akash Kinari Colliery without following the acquisition process. The petitioner approached the respondents several times however, the respondentB.C.C.L continued mining activities and therefore, the petitioner made a complaint under Section 144 Cr.P.C. which was registered as M.P. Case No. 1289 of 1991. However, the said proceeding was dropped on the ground that the respondentB.C.C.L was in possession of the land in question. The petitioner submitted several representations to the respondents and though the respondentB.C.C.L has framed Land Loser Scheme under which employment is provided to one member from the family whose land has been acquired however, the respondentB.C.C.L has neither paid compensation nor provided employment to the petitioner.
(3.) A counteraffidavit has been filed on behalf of the respondentB.C.C.L stating that the land in question was vested in M/S. B.C.C.L under the Coal Mines (Nationalization) Act, 1973 and it is being used by the respondentB.C.C.L for years together. Another affidavit was filed by respondentB.C.C.L stating that the land in question belonged to Raja Shakti Narayan Singh Bahadur and a lease dated 24.06.1924 was executed. Part of the land was also leased out in favour of New Katras Colliery, Katras. It is further stated that, the land in question forms part of North Akashkinary Colliery which was earlier owned by M/S Khimji Dossa and Company. The name of New Akash Kinari Colliery figures at serial no. 90 of the schedule appended to the Coal Mines (Taking over of Management) Act, 1973 and at serial no. 138 of the Coal Mines (Nationalization) Act, 1973.;