Bhumi Adhigrahan Visthapan Avam Punarvas Sangharsh Morcha v. State of Jharkhand
2014-07-22
AMITAV K.GUPTA, R.BANUMATHI
body2014
DigiLaw.ai
JUDGMENT L.P.A. No. 114 of 2014 has been preferred against the interim order dated 12.02.2014 passed in I.A. No. 3748 of 2012 and I.A. No. 326 of 2013 filed in W.P.(C) No. 5732 of 2012. 2. L.P.A. No. 115 of 2014 has been preferred against the interim order dated 12.02.2014 passed in I.A. No. 5429 of 2013 filed in W.P.(C) No. 1719 of 2013. 3. L.P.A. No. 117 of 2014 has been preferred against the interim order dated 12.02.2014 passed in I.A. No. 325 of 2013 filed in W.P.(C) No. 5749 of 2012. 4. The subject matter of dispute relates to the acquisition of lands in seven villages namely, Kajri, Sikka, Sakhoi, Batsara, Gadikhas, Kathotia and Palhe Khurd, which were acquired by invoking urgent Clause under Section 17 of the Land Acquisition Act for coal mining by the private company-7th respondent. The villagers/land owners of the acquired lands through its association, Bhumi Adhigrahan Visthapan Avam Punarvas Sangharsh Morcha, and some individuals are said to have challenged the acquisition proceedings and quantum of compensation and also invoking of urgent clauses. 5. When the L.P.A No. 114 of 2014 came up for hearing, vide order dated 12.05.2014, we have passed interim order granting ad-interim stay of the order of the learned Single Judge dated 12.02.2014. The operative portion of order dated 12.05.2014 is reproduced herein below: “Since correctness of the order dated 12.02.2014 is under challenge and contentious issues have been raised in the Letters Patent Appeal, we are of the opinion that it would serve the interest of justice if there shall be ad-interim stay of impugned order dated 12.02.2014 till the next date of hearing. It is made clear that respondent Nos. 1 to 7 shall not disturb the present status of the acquired lands of the awardees as on date, until further orders.” 6. Main writ petition challenging the acquisition proceedings are pending in the Writ Court. Since the contentious issues are involved in the matters, we are of the view that the interest of justice would be met by requesting the learned Single Judge to take up the writ petitions at an early date preferably on 6.08.2014. 7.
Main writ petition challenging the acquisition proceedings are pending in the Writ Court. Since the contentious issues are involved in the matters, we are of the view that the interest of justice would be met by requesting the learned Single Judge to take up the writ petitions at an early date preferably on 6.08.2014. 7. Learned counsel appearing for the appellants as well as learned senior counsel for the private respondent No. 7-Usha Martin and also learned counsel for the State of Jharkhand have submitted that on 6.08.2014, they would positively make their submission before the learned Single Judge in the writ petitions. 8. The above interim order granted in L.P.A. No. 114 of 2014 dated 12.05.2014 to continue till 6.8.2014 and both parties are directed to co-operate for early disposal of the writ petitions. The learned Single Judge may extend the interim order, if needed. 9. With the above observations and directions, these Letters Patent Appeals are disposed of by requesting learned Single Judge to take up W.P.(C) No. 5732 of 2012 along with connected writ petitions on 6.08.2014.