- (1.) PETITIONER in this application has prayed for issuance of a direction to the respondents to pay compensation to the damage caused to the petitioner's house on account of blasting operation conducted in quarry no. 2 of Kathara Colliery of the Central Coalfields Limited within the vicinity of the house of the petitioner.
(2.) LEARNED counsel submits that the fact that damage to the petitioner's house was caused has been confirmed on an inspection by a team constituted by the respondent authorities. The enquiry report submitted by the inspecting team is contained in Annexure -R/2 to the rejoinder to the counter affidavit, which makes it clear that on inspection, it was found that the damage was in the nature of cracks in the house of the petitioner and the inspecting team also confirmed that the damage could possibly be on account of the blasting operation. Learned counsel explains further that the house of Lakhsman Gope was also damaged on account of blasting and the respondents had paid compensation to him. In the case of the petitioner, though an assurance was given to the petitioner for payment of compensation by the respondents for the loss and the damage suffered by the petitioner, but till final decision in the matter, the petitioner was allowed to live in the quarters. Furthermore, the allotment of quarters has been cancelled and it has been allotted to some other person rendering the petitioner homeless and that too without payment of compensation. Several representations of the petitioner have been of no effect.
(3.) COUNTER affidavit has been filed by the respondents denying and disputing the claim of the petitioner. The stand taken by the respondents is that though to their knowledge, the damage was on account of blasting operation.;