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Jharkhand High Court · body

2019 DIGILAW 1226 (JHR)

Haradhan Choudhary son of late Ruplal Chaudhary v. Bharat Coking Coal Limited, through its Chairman-cum-Managing Director

2019-07-02

SANJAY KUMAR DWIVEDI

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JUDGMENT : Sanjay Kumar Dwivedi, J. 1. Heard Mr. Ramchandra Saha, learned counsel for the petitioner and Mr. Anoop Kr. Mehta, learned counsel for the respondent-B.C.C.L. 2. The petitioner has preferred this writ petition for direction upon the respondents to provide employment to the petitioner who displaced who is land looser of Mouza Karmatand within the district of Dhanbad. 3. It is submitted that the father of the petitioner was sole owner of 0.35 decimal of land under Khata no. 52 of Mouza Karmatand within the district of Dhanbad. The lands of petitioner was acquired by the Land Acquisition Department vide declaration No. 17-87-558 dated 21.05.1987 which was published in the gazette on 25.03.1987 for the BCCL for the purpose of development of M.U.C.P., Lodna Area of M/s. B.C.C.L. The L.A. Reference Case was initiated and finally award being Award No. 107/1990 was also prepared by the L.A. Officer, Dhanbad in the name of petitioner and his other two brothers. It is admitted in paragraph no. 10 of the writ petition that the compensation has already been passed by Land Acquisition Officer in respect of acquired land. 4. The counsel for the BCCL submits that the petitioner is not fulfilling the criteria of having the minimum quantum of land which is fixed as 0.7675 acres and maximum quantum of land is fixed as 1.4000 acres of land whereas the petitioner’s land acquired by the department is approximately 0.35 acres land which is below than the minimum quantum of land fixed for Karmatand i.e. 0.7675 acres, therefor, the petitioner is not entitled for employment on the ground of acquisition of land by the department. 5. Having heard the learned counsel for the petitioner and respondents, this writ petition is disposed of directing the General Manager, BCCL, Karmatand, Dhanbad to consider the claim of the petitioner on the basis of the documents available on record and the representation made on behalf of the petitioner after hearing him within a period of three months from the date of receipt of a copy of this order. 6. In view of the above observations and directions, the writ petition stands disposed of.