JASWANT WORAH Vs. UNION OF INDIA

JUDGEMENT

(1.) Both the writ petitions, i.e. CW 1004/90 and CW 1711/88 can be disposed of by common judgment, as the common questions of facts and law arise in both the writ petitions.

(2.) By writ petition No-1004/90, the petitioner has preyed for quashing of the order dated 25th January, 1990 passed by the 7th Additional District Judge, Dhanbad in Miscellaneous case No.54 etc. of 1985 where by the right of the petitioners to claim management compensation under the Coking Coal Mines (Nationalisation) Act, 1972 (hereinafter referred to as the "Act") was rejected on the ground that on-the date of vesting, the petitioners were neither the owners nor occupiers rather they were at best trespassers and so not entitled to management compensation or otherwise, as claimed.

(3.) In CW 1711/88 the petitioners have prayed for a declaration that the petitioners are the owner of East Ganhcodih Colliery Co. Pvt. Ltd. and are entitled to get entire compensation and writ of mandamus commanding upon respondent No.4 to consider the petitioners claim for compensation as owner of the Ganhcodih Colliery in accordance with law.