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2019 DIGILAW 244 (JHR)

Deepak Kumar Mahato, Son of Shri Akhil Mahato v. Bharat Coking Coal Limited, Jharkhand

2019-01-24

ANIRUDDHA BOSE, RATNAKER BHENGRA

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JUDGMENT : ANIRUDDHA BOSE, J. I.A. No. 440 of 2019 & L.P.A. No. 124 of 2018 1. I.A. No. 440 of 2019 is an application for condonation of delay of 58 days in filing the appeal. 2. Having gone through this application, we are satisfied that the appellant was prevented by sufficient cause in preferring this appeal within time. We accordingly condone the said delay. 3. I.A. No. 440 of 2019 stands allowed. 4. The appellant failed before the learned first court in enforcing his claim for employment under a Rehabilitation and Resettlement Policy of Bharat Coking Coal Limited (BCCL) on account of acquisition of land in the year 1982-83. The learned first court has dismissed the appellants’ plea mainly on the ground that the same was being made after 33 years of such acquisition. 5. Mr. Shekhar Prasad Sinha, learned counsel for the appellant has argued that neither the acquisition proceeding nor the compensation payment was completed and the claim for employment still survives because of that reason. His submission is that on the basis of total area of land acquired, his family members would have had been entitled to get 12 appointments but only 11 of them have been employed. 6. Mr. Indrajit Sinha on the other hand submits that so far as the subject proceeding is concerned, total land said to have had been acquired is 16.32 acres but there is evidence of actual acquisition of 13 acres. In the event the remaining 3.32 acres also stand acquired, there may be scope of one additional appointment in terms of the letter dated 18.3.2013, a copy of which has been made at Annexure to the memorandum of appeal. There is no material to show that the representation made by the BCCL contained in the said letter stood revoked. 7. In these circumstances, we modify the judgment of the learned first court and direct the appellant as well as the BCCL to examine available materials to ascertain if the remaining 3.32 acres of land has been acquired or not. In the event it is found that such acquisition has taken place, the appellant shall be given an opportunity to demonstrate that he fulfills the criteria for employment as per the Rehabilitation Scheme against the said land and in such a situation, the appellant shall be given employment upon satisfying the relevant conditions. In the event it is found that such acquisition has taken place, the appellant shall be given an opportunity to demonstrate that he fulfills the criteria for employment as per the Rehabilitation Scheme against the said land and in such a situation, the appellant shall be given employment upon satisfying the relevant conditions. This exercise of ascertaining the factum of acquisition followed by the decision of the appellant’s eligibility shall be completed within a period of 16 weeks from the date of communication of this order. The appellant, needless to add, shall be given opportunity of hearing before a final decision is taken. 8. The present appeal stands disposed of in the above terms.