Aparesh Kumar Singh, J. - (1.) Heard learned counsel for the parties.
(2.) Petitioner has approached this Court seeking compensation for acquisition of 3.89 acres of land of Mouza-Jogradh and Mouza-Junkuder apart from seeking employment under Rehabilitation and Resettlement Policy applicable under Respondent-BCCL. Petitioner contends that 3.89 acres of raiyati land which includes Plot nos. 149, 160, 162/163, 251, 252, 253, 254, 270, 271, 272, 273, 286, 287, 289, 290 of Khata no. 27, Mouza-Jogradh and Plot no. 589 of Khata no. 45 of Mouza-Junkuder were claimed by Respondent-BCCL. No compensation amount has been paid by the State or Respondent-BCCL. Out of 3.89 acres of land, 1.48 acres comprising of Plot nos. 149 and 162 of Mouza-Jogradh and Plot no. 508 of Mouza-Junkuder have been acquired through L.A Case No. 40/1981-82. Petitioner has not received any notice for payment of compensation under Section 12(2) of Land Acquisition Act. Therefore, the proceedings are illegal and void. No compensation has been received by the petitioner. Delivery of possession has also to be carried out through valid documents. Petitioner after making representation before the General Manage C.V.Area BCCL and Senior Estate Officer, C.V. Area, has approached this Court for the instant relief.
(3.) According to the Respondent-BCCL, lands acquired under Land Acquisition Act of 1894 are described at Para-5 of the counter affidavit being Plot no. 149 P having an area of 1.37 acres in L. A Case No. 40/1981-82; Plot no. 162 having an area of 0.01 acre acquired in the same L.A Case and Plot no. 598 having an area of 0.10 acres acquired in L.A Case No. 82 of 1981-82. The total area acquired is 1.48 acres. It is their case that through registered Sale Deed no. 16356 of 1950 1.60 acres of land was purchased by the Ex-colliery owner of Junkundar Colliery through D.D. Mandal. Details of Plot numbers thereof, totalling an area of 1.60 acres are indicated at Para-5 (b) of the counter affidavit. At para-5(c), it is stated that B.C.C.L has neither taken any possession nor undertaken mining in respect of Plot nos. 163, 286, 287 and 288 having total area of 0.818 acres. Therefore, the assertion of the petitioner to the contrary is incorrect.;