Jarimun Khatoon, W/o Rojan Mia v. Central Coal Fields Limited Through Its Chairman-cum-managing Director
2019-01-18
SUJIT NARAYAN PRASAD
body2019
DigiLaw.ai
JUDGMENT Sujit Narayan Prasad, J. - It is a case wherein the jurisdiction conferred under Article 226 of the Constitution of India has been invoked for seeking a direction upon the respondents to pay compensation in lieu of acquisition of land measuring 4.85 acres bearing Khata no.1, Plot no.1/162, 7/164,203/165 & 9/166 of villParej, thana-117 District-Hazaribagh as well as for employment. 2. It is evident from the counter-affidavit filed on behalf of the CCL that the dispute has been raised over the title and possession of the land in question and therefore, the amount of compensation has not been extended. 3. In view of such disputed question of title, this Court in exercise of power conferred under Article 226 of the Constitution of India refrains itself from exercising the aforesaid jurisdiction. 4. In view thereof, the writ petition is dismissed however liberty is reserved with the petitioner to invoke the jurisdiction of the Tribunal as conferred under Section 14 (2) of the Coal Bearing (Acquisition Development Area) Act, 1957.