- (1.) LEARNED counsel for the petitioner - Bharat Coking Coal Ltd. seeks leave to amend the writ petitions by joining the State of Jharkhand as a party respondent to the writ petitions.
(2.) PERMISSION , as sought for, is granted. Necessary amendment shall be carried out during course of the day. Notice. Mr. Mukesh Kr. Sinha, SC -III (In -charge G.A.) waives notice on behalf of the newly added respondent (the State of Jharkhand) and seeks time to get further instructions from the Deputy Commissioner, Dhanbad, or from the State authorities for earliest disbursement of the amount.
(3.) LEARNED counsel for the petitioner - Bharat Coking Coal Ltd. submitted that in pursuance of the order, passed by this Court dated 27th April, 2009, a detailed affidavit has been filed by the Director (Technical Operation) of the petitioner -Company on 19th May, 2009, wherein, at paragraph nos. 4(xix) and 4(xxv) it has been stated as under: '' 4(xix) That it is stated that as a result of the constant follow up of the matter with the District Administration and the officials of the State Government to find out a solution to the problem, a tripartite agreement under the Chairmanship of the Deputy Commissioner, Dhanbad, was reached in the year 2004 wherein 38 further employments were agreed to be provided in addition to 42 having already been employed earlier. The agreement in question also provided for payment of compensation for the land under dispute @ Rs. 1.05 Lakhs per acre. The contents of the aforesaid tripartite agreement was duly brought to the notice of the Board of Directors of BCCL who after due consideration accorded approval for the same. X X X X X X X X X X X X (xxv) That it is stated that keeping the above in view, negotiations were held and offer was made for release for further 37 employments against 38.39 Acres of land inclusive of 5.85 Acres of land under the occupation of persons other than the respondents who in course of time encroached over the said area. As a gesture of goodwill, the petitioner company has also offered to leave an area of 1.32 Acres of land to maintain tribal heritage as a token of existence of tribal village.;