R.K.MERATHIA, J. - (1.) HEARD the parties finally.
(2.) THOUGH , petitioners claimed compensation and employment against acquisition of land but Mr. Shivnath, learned senior counsel appearing for the petitioners, submitted that petitioners are only claiming compensation as per Section 48(2) of the Land Acquisition Act for use of their land by Bharat Cooking Coal Limited (BCCL). Mr. Mahjul Prasad, appearing for the State, and Mr. A.K. Mehta, appearing for the BCCL submitted that though acquisition proceeding was started but possession of the lands of the petitioners was not taken and they were not used. The acquisition proceeding was dropped on the request of BCCL. They further submitted that petitioner's claim is not only frivolous but stale also having been raised after about 10 years.
(3.) THUS , the question is whether possession of the petitioner's lands were taken and they were used or not. In paragraph 8, the petitioners have made a vague and general statement with regard to possession, which reads as follows: 8. That, it is humbly stated and submitted that in the said agreement, the respondents had agreed to acquire the lands and to pay compensation to the awardees declared by the Land Acquisition Collector, Dhanbad. At the same time, the respondents took possession of the lands on or about...of Khata mentioned above and agreed to send the requisition to the appropriate Department/Government for acquisition under the emergent provisions of law. Para 6 (ix) of the counter -affidavit filed on behalf of the State -respondents reads as follows: That it is also stated that no notice for notification was issued, no Dakhal -Dihani was taken and no further action was taken in the matter of acquisition. In paragraph 13 of the counter -affidavit filed on behalf of BCCL, paragraphs 8, 9, 10 and 11 of the writ petition are replied by saying that steps were taken for acquisition of lands of the petitioners but subsequently as the lands were not required for mining purposes, request was made for dropping the proceeding and ultimately the proceedings were dropped.;