Ranjit Kumar Mandal v. Central Coalfields Ltd. through its Chairman-cum-Managing Director, Ranchi
2010-03-17
D.G.R.PATNAIK
body2010
DigiLaw.ai
Order Heard the learned counsel for the parties. 2. The petitioner, in this writ application, has prayed for a direction upon the concerned authorities of the Respondents to pay compensation for the acquisition of the land belonging to the petitioner, which has been taken by the Respondents for the purposes of development of Coal Bearing Area. 3. As it appears from the rival submissions of the learned counsel for the parties, a dispute was sought to be raised by the counsel for the Respondents-C.C.L., stating that though the Notification under the Land Acquisition Act was issued, as back as in September, 1985 in respect of the lands proposed to be acquired, including the land belonging to the •petitioner, but the possession of the entire land have not been taken over by the Respondents C.C.L. and as it appears, the land belonging to the petitioner is still in occupation of the petitioner and he is cultivating the same. 4. Learned counsel for the petitioner denies and refutes such statements and claims that on account of the rampant development of the surrounding areas, the land of the petitioner has virtually become barren and uncultivable and therefore, it would be wrong to suggest even remotely that the petitioner is in cultivable occupation and possession of the land. The above controversy need not attract any serious attention in view of the fact that admittedly, the entire land including the land of the petitioner was notified for acquisition and pursuant to such Notification, the Respondent-C.C.L. has also taken up developmental work over portions of the acquired lands. The petitioner, whose land has been acquired pursuant to the Notification, has therefore, no other right to claim over the land, save and except, the demand for payment of the amount of compensation, payable for the acquisition as may be assessed by the competent authority in the Land Acquisition Proceedings. 5.
The petitioner, whose land has been acquired pursuant to the Notification, has therefore, no other right to claim over the land, save and except, the demand for payment of the amount of compensation, payable for the acquisition as may be assessed by the competent authority in the Land Acquisition Proceedings. 5. Considering the above facts and circumstances, and considering the in formations furnished by the learned counsel for the petitioner, since as per the provisions of Section 14(2) of the Land Acquisition Act an Agreement was executed way back on 9.8.1984, the concerned authorities of the Respondents as well as the Land Acquisition Officer shall assess the reasonable amount of compensation payable to the petitioner in respect of his land acquired, in accordance with law taking into consideration the market value as per the legal procedure after obtaining requisite authentication of the State Government and after concluding other processes, to release the Awarded amount of compensation to the petitioner and shall pay the same to him within a reasonable period preferably within six months from the date of this order. The petitioner shall also give an undertaking that he would not raise any objection whatsoever in the event, the Respondent-C.C.L. under the authorities vested in it, proceeds to utilize the land. As regards the petitioner's prayer for directing the Respondent-C.C.L. to grant employment in addition to monetary compensation for the acquisition of his land, the concerned authorities of the Respondent-C.C.L. shall consider such prayer and take an appropriate decision on the same within a period of six months from the date of this order. 6. With the aforesaid observations, this writ application stands disposed of at the stage of admission.