LAWS(BOM)-2024-6-230

PRASHANT DHANRAJ BODE Vs. WESTERN COAL FIELDS LIMITED

Decided On June 28, 2024
Prashant Dhanraj Bode Appellant
V/S
WESTERN COAL FIELDS LIMITED Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally with the consent of the learned counsel appearing for the parties.

(2.) The petitioners have challenged the impugned communication dtd. 10/9/2020, by which respondent No. 3, Subarea Manager, Saoner Sub-area, Wester Coal Fields Ltd. (WCL), Nagpur has declined to grant two employments on account of acquisition of land by the WCL. Rather the respondent vide impugned communication, expressed that only one employment can be provided on account of land acquisition of two different units of the land. The said decision was not approvable to the petitioners, hence for seeking necessary direction, the writ has been sought.

(3.) A piece of land bearing Survey No. 5 admeasuring 0.81 HR and Survey No. 233 admeasuring 0.71 HR was owned by the petitioners' grandfather Dayanand Bode. Likewise land bearing Survey Ho. 3/2, admeasuring 0.80 HR situated in Mouza - Kotodi, Tahsil Saoner was owned by the petitioners' grandmother Shengabai Bode. Both the lands were acquired by the respondent for its Adasa Underground Mining Project by issuing Sec. 9 Notification dtd. 10/7/2014 under the provisions of Coal Bearing Area (Acquisition and Development) Act, 1957 ('the Act of 1957'). In pursuance of publication of notification under Sec. 9(i) of the Act of 1957, all rights, interest, title in the said land has been vested in the Central Government.