ROOPAM RAVINDRA DHOTE Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard. Rule. Rule made returnable forthwith. Mrs. Sirpurkar appears for the petitioners. Mrs. Chandurkar appears for respondent No. 1, Mr. Ghurde, learned AGP appears for respondent No.2 and Mr. S.P. Dharmadhikari, learned Senior Counsel appears for the respondent Nos.3 and 4 instructed by Mr. Shukul, learned counsel.

(2.) By this petition the petitioners who claim to be the owners of the land of survey no. 61/5A, 61/5B, 61/5C, 61/5D under saledeeds dtd. 7/12/2015, 31/12/2015 and two gift deeds dtd. 22/6/15 and 15/5/2015, all situated at village Naglone, Tahsil Bhadrawati, District Chandrapur seek a direction, to the respondents 3 and 4 to acquire the same and to grant appropriate compensation in that regard and also compensation of Rs.5.00 lakhs each towards damages or in the alternative to remove material dumped on the land of the petitioners and to grant a clear access to their above mentioned fields. It also seeks compensation of Rs.5.00 Crores by way of an amendment permitted by the order dtd. 30/8/2022 and various other reliefs.

(3.) It is the contention of Mrs. Sirpurkar, learned Counsel for the petitioners that though the respondents 3 and 4, claim to have acquired the aforesaid lands, under the notification 18/10/2011 (page 17) which was issued in exercise of the power under Sec. 9(1) of the Coal Bearing Areas (Acquisition and Development) Act 1957 (hereinafter for the sake of brevity referred to as the CBA), however, in fact, there was no such acquisition at all, on account of the fact that the aforesaid survey numbers were not included in the said notification for which she invites our attention to the plot Nos. of village Naglone, as enumerated in the schedule to the said notification (p20) which only includes plot/survey Nos. 61/1, 61/2, 61/3 and 61/4. She therefore, submits that the action on part of the respondents in excavating the entire surrounding area has led to obstruction of the approach way of the petitioners to the aforesaid lands owned by them and as also caused dumping of the overburden on the said lands, thereby rendering them infertile and unusable for agricultural activity on account of which the petitioners are also entitled for grant of compensation for having been deprived the use of their own land on account of the aforesaid activity by the respondents 3 and 4.