MOHAN GADARI Vs. SOUTH EASTERN COAL FIELD LIMITED

JUDGEMENT

(1.) The present petition has been filed by the petitioners seeking the following reliefs:-

(2.) It is submitted by learned counsel for the petitioners that the only grievance of the petitioners is that the earth beneath the land of the petitioners has been taken for mining purposes by the respondents/company, for which an agreement was executed on 25/6/2006 (Annexure-R/1).

(3.) According to Clause-6 of the agreement, it is agreed between the parties that after completion of three years, the respondents shall make the land cultivable and restore it to its original position. It is submitted that as the respondents have not restored it, the petitioners are not in a position to cultivate their own land. The respondents have also not granted compensation for the same as agreed between the parties as per Clause-6, which provides the respondent/company shall restore the land and make it cultivable and if it is made by petitioners, then all the expenses shall be borne by the respondents.