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2009 DIGILAW 1643 (JHR)

Bharat Coking Coal Ltd. v. State of Bihar

2009-12-23

D.N.PATEL

body2009
Order 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. 3. 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. 4. 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. xxxxxx (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. 5. 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. 5. It is also submitted by the learned counsel for the petitioner that, in fact, in pursuance of Coking Coal Mines Nationalization Act, 1972 (hereinafter to be referred to as "the Act, 1972" for the sake of brevity), which is brought into effect, with effect from 1st May, 1972, the lands, referred to in these writ petitions, have been vested in the petitioner and, therefore, the claim raised by the tribals under the Chotanagpur Tenancy Act, 1908 (hereinafter to be referred to as "the Act, 1908" for the sake of brevity) is not tenable at law and, therefore, the directions, which were issued by the authority under the Act, 1908, has been challenged by way of these writ petitions. Meanwhile, though there is no legal obligation on the part of the petitioner to make any payment to the claimants, still the petitioner has taken a very fair and reasonable stand; as the petitioner is interested in getting clear land, which has been encroached upon by some persons. The total land, involved in these writ petitions, is 38.39 Acres, out of which a settlement has been arrived at with the encroachers for the entire lands, out of which except 5.85 Acres, rest of the lands has been handed over by the encroachers to the petitioner. 6. It is also submitted by the learned counsel for the petitioner that to get the encroachers removed, sympathetic view has been taken, despite the challenge made in these writ petitions, to make payment of Rs. 1.05 Lacs per Acre and the petitioner-Company has offered employment to 37 persons, for early vacating the encroached land, by the encroachers. 7. Learned Sr. Advocate Mr. Gopal Subramanium also submitted that the employment has already been given to 37 persons and they are working with the petitioner-Company and amongst several social welfare activities done by the petitioner, a Primary School is also going to be established in the concerned area. It is also submitted by the learned counsel for the petitioner that now the petitioner is ready to make payment of Rs.1.05 Lacs per Acre and the total amount come to approximately Rs. It is also submitted by the learned counsel for the petitioner that now the petitioner is ready to make payment of Rs.1.05 Lacs per Acre and the total amount come to approximately Rs. 34 lacs, which may be allowed to be deposited as per the order of this Court and it may be disbursed to the persons, with whom settlement has been arrived at by the petitioner-company. 8. I have heard learned counsel for the claimant?, who has submitted that, as such, they have no much objection if the amount is disbursed in pursuance of the settlement, which was arrived at under the Chairmanship or the Leadership of the Deputy Commissioner, Dhanbad, way back. in the year, 2004, as is evident from Annexure-12 to the memo of petition. 9. I have perused the order, passed by this Court dated 27th April, 2009 and the earlier litigations and looking to the facts and circumstances of the case and also looking to the affidavit, filed by the Director (Technical Operation) of the petitioner-Company dated 18th May, 2009 and especially looking to the aforesaid paragraph nos. 4(xix) and 4(xxv) of the affidavit, filed- by the Director (Technical) (Operation)' of the petitioner-Company, as stated hereinabove, it appears that though there is no legal obligation on the part of the petitioner to make payment of any additional amount, as per the submission, under the Act, 1972 and as per the sub-mission, the claims made under the Act, 1908, by the claimants, though are not tenable, at law, because of the encroachment upon a vast and wide land of the petitioner, the petitioner-company wants to get rid of the encroachers immediately and, therefore, for the land admeasuring an area approximately 38.39 Acres, a settlement has been arrived at under the Headship of the Deputy Commissioner, Dhanbad, and out of the total land, except 5.85 Acres, physical possession of the remaining land, which is 32.54 Acres, is with the petitioner-company and with the encroachers a settlement has been arrived at whereby, 37 persons have been given employment and an amount of Rs. 1.05 lacs per Acre is yet to be paid. 10. This Court appreciates the fair stand taken by the petitioner. It is one thing to own a land in the eyes of law and it is altogether another thing to have a physical possession thereof. 1.05 lacs per Acre is yet to be paid. 10. This Court appreciates the fair stand taken by the petitioner. It is one thing to own a land in the eyes of law and it is altogether another thing to have a physical possession thereof. Sometimes the owner of the land is not having possession because of the encroachment. It ought to be kept in mind that sometimes the owners of the land are unable to utilize the same, because of the encroachment. To remove the encroachment speedily and to have a development by the petitioner or to save the coal, which is under fire (which is a very very huge quantity of coal, worth Rs. 15,000 Crores), a settlement has been arrived at. Even otherwise also, the petitioner is ready to start Primary School in the affected area for the welfare of the people at large of the nearby vicinity. Social obligation is being discharged by the petitioner and as a part and parcel thereof, 1.05 lacs per Acre, the petitioner is paying to the encroachers. 11. I am fully satisfied with the explanation, given in the affidavit dated 18th May, 2009 for arriving at settlement and I hereby permit the petitioner to deposit this amount, which comes approximately at Rs. 34 lacs before this Court and upon depositing the same, further order will be passed about the disbursement under the Headship of the Deputy Commissioner, Dhanbad, or any such other Committee, as may be suggested by the learned counsel for the respondent-State of Jharkhand. 12. I hereby direct the Registry of this Court to accept the amount offered by the petitioner, which will be deposited in a Nationalized Bank. 13. Time, as prayed for by the learned counsel for the State, is granted. The matter is adjourned on 15th January, 2010. 14. Stay of the order passed by this Court against the orders passed under the Act, 1908, in favour of the claimants, shall stand continued to be operative till further orders.