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Jharkhand High Court · body

2003 DIGILAW 928 (JHR)

Bholi Mahato v. Central Coalfields Ltd.

2003-07-31

M.Y.EQBAL

body2003
Order Heard Mr. P.K. Prasad, learned counsel for the petitioner and Mrs. Ritu Kumari, learned counsel for the respondents. 2. Petitioner has prayed for issuance of appropriate direction upon the respondents for payment of compensation for the land acquired by the respondents and also for quashing the order as contained in letter dated 10.7.2002 whereby petitioner was informed that compensation will not be paid at this stage in respect of acquisition of the portion of land. 3. It appears that the land of khata nos. 9, 38 and 36 of village Jaridih in the district of Bokaro was acquired in the year 1985 under the provision of Coal Bearing Area (Acquisition and Development) Act, 1957. It is contended by the petitioner that compensation record and other documents were prepared by the respondents but till date compensation amount has not been paid. 4. Respondents' in their counter affidavit has stated that the land in question was acquired by the respondents but for different reasons, the activities to be done as per the planning made earlier was not found feasible and it has been decided that the lands which will not be required will be de-notified and returned to the tenants. 5. Admittedly, the land of the petitioner has been acquired under the aforesaid Act and compensation record was prepared for payment of compensation. The only option that remains with the respondents is either to pay compensation to the petitioner or take other appropriate steps which is permissible in law so that petitioner cannot be deprived of from his legitimate claim over the land or compensation. 6. For the reasons aforesaid, I dispose of this writ application with a direction to the respondents either to release compensation in favour of the petitioner for the acquisition of the land or take other appropriate decision which is permissible in law, as expeditiously as possible and preferably within a period of two months from the date of receipt of copy of this order.