D.G.R.PATNAIK,J. - (1.) THIS Review application has been filed by the respondent -petitioner Eastern Coalfields Ltd. for review of the order dated 1.8.2008 passed in W.P. (C) No. 6602 of 2007.
(2.) HEARD the learned Counsel for the petitioner and the learned Counsel for the respondents. The contention of the learned Counsel for the petitioner -Eastern Coalfields Ltd. is that the writ petitioner in the aforesaid writ application by making a wrong statement in Para 5 of the aforesaid writ application has obtained the order under which the Eastern Coalfields Ltd. has been directed to assess the compensation amount, payable to the petitioner for the land which was originally acquired under the Coal Bearing Area (Acquisition and Development) Act, 1957, along with the statutory interest. It is further contended that as a matter of fact the land though were acquired for the Eastern Coalfields Ltd. under the aforesaid Act but it was not acquired for any limited period of 15 years and furthermore, the compensation amount, which was supposed to be paid for acquisition, was in fact deposited by the Eastern Coalfields Ltd. before the Tribunal through a cheque and the same has already been collected by the father of the petitioner and this fact was. in fact though within the knowledge of the petitioner and yet it was suppressed by him. Learned Counsel for the petitioner further submits that the writ petitioner has also made a wrong statement that the land was acquired by virtue of a written agreement with the Eastern Coal -fields Ltd., whereas the fact is that no written agreement was at all executed between the petitioner -Eastern Coalfields Ltd. and the father of the petitioner.
(3.) LEARNED Counsel for the respondent submits on the contrary that no part of the statement contained in the writ application filed by the respondents -writ petitioner is false or misleading and as a matter of fact, the writ petitioner still insists that the land was acquired for a period of 15 years only and compensation for the aforesaid period has though been paid, but no further compensation has been paid for continuation of the occupation of the petitioner's land by the petitioner -Eastern Coalfields Ltd.;