HIMANGSHU SEKHAR DAS Vs. BHARAT COKING COAL LTD.
LAWS(JHAR)-2006-8-78
HIGH COURT OF JHARKHAND
Decided on August 09,2006

Himangshu Sekhar Das Appellant
VERSUS
BHARAT COKING COAL LTD. Respondents

JUDGEMENT

R.K.MERATHIA, J. - (1.) HEARD .
(2.) PETITIONER claims to be Secretary of Land Losers Committee. He has filed this writ petition for a direction upon the respondents -Bharat Coking Coal, Limited ( BCCL) for implementing the rehabilitation package of the Government of India and the offer made by BCCL vide Circular dated 19 th October, 1990 ( Annexure -4/1) and for a direction to act pursuant to the order of the Deputy Commissioner dated 16.5.1994 (Annexure -18). Mr. Mazumdar, appearing for the petitioner, submitted as follows. That 37.49 acres of land were acquired under L.A. Case No. 67/1986 -87 and 1/87 -88 of village Amjhar displacing 87 families. The Supreme Court, passed an order on 13.12.1995 in CMP Case No. 16331 of 1982 in the case of Lal Chand Mahto v. Coal India Limited and Ors. (Annexure -10). In paragraph 4, it was said that simultaneously with taking possession, employment to the head of the family consisting of parents and minor children, was to be given.
(3.) THUS each family should be given employment. Further there has been discrimination inasmuch as the other land losers having less than two acres of land were given one employment whereas the land losers under the said acquisition cases having less than two acres of land were not given one employment and as such more employments were given with regard to other villages in comparison to the lands acquired, under the said land acquisition cases. 2004 (4) JCR 526 (Jhr) Steel Authority of India Limited v. Jamuna Prasad Mahto and analogous cases and the judgment dated 2.2.2006, passed in WPS No. 5445 of 2005. He therefore submitted that petitioner cannot be granted the reliefs claimed in this writ petition.;


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