- (1.) IN spite of repeated adjournments on the prayer of the counsel for the respondents to enable him to file counter affidavit, no counter affidavit appears to have been filed even today. Counsel for the respondents submits that though instructions were received but despite request, no officer has come to swear the counter affidavit and hence, the counter affidavit could not be filed. Learned counsel submits that this writ application may be disposed of by issuing appropriate directions in the context of the pleadings of the petitioner.
(2.) HEARD counsel for the parties. Petitioner in this writ application, has prayed for a direction upon the respondents to pay him compensation for the lands, belonging to the petitioner, which have been acquired by the respondent State Government.
(3.) THE facts of the petitioner's case in brief is that the land under reference in this case was settled in favour of the petitioner by way of a permanent lease granted by the previous landholder namely Rai Bahadur Kanai Lai Nandi in the year 1955. Since after the date of settlement, the petitioner came into possession of the land and had also set up his business establishment therein. Subsequently, the State Government had wanted to acquire the land for the purpose of rehabilitation of Kharias under the scheme of Government of India. Land acquisition proceedings vide Land Acquisition Case No. 6 of 1961 -62 and Land Acquisition Case No. 5 of 1963 -64 were initiated. In the said proceedings, the prescribed notices under Sections 4 and 6 of the Land Acquisition Act were issued and subsequently, an agreement was entered into between the petitioner and the concerned authorities of the respondent State for payment of Rs. 81,322.68 by way of compensation for the land acquired and upon such agreement being executed, possession of the land acquired was taken by the concerned authorities of the State Government. However, in spite of the said agreement and assurance, no amount of compensation was paid to the petitioner till date.;