EASTERN COAL FIELDS LTD Vs. BELA RANI BHATTACHARYA

JUDGEMENT

(1.) THE respondents are the land-losers of the appellant, Eastern Coalfields Ltd. (ECL) who took the possession of the land for the purpose of colliery. While acquiring such land the ECL floated a scheme of giving employment to one person of the family against one acre of land. Subsequently the ECL found difficult to provide employment as aforesaid, they subsequently adopted a scheme of allotting Grade "D" steam coal of 1600 mt. against one acre of land. THE respondents are the owners of 2.39 acres of land out of which the ECL acquired 1.79 acre leaving .60 decimal as unacquired. It is a case of the respondents that the ECL, though paid crop compensation for the period from 1975 to 1977 but has not paid the price of the land, so acquired, used and utilized, and also the steam coal of Grade "D" in terms of the said scheme. Several representations were made but the ECL did not respond. It is further contended that the ECL has issued a delivery order in the ratio of 1600 mt. Per acre of a steam coal of Grade "D" to many others and discriminated the respondents which is violative of Article 14 of the Constitution of India. In the backdrop of the above fact, the respondents filed a writ application before this court praying for writ of mandamus commanding the respondents to release the coal in favour of the respondents.

(2.) THE ECL has contested the said writ application denying the right of the writ petitioner as claimed in the writ application. So far as the case of discrimination is concerned the ECL has taken the specific defence that the allotment of the coal was made in terms of an order of the Hon"ble Court passed in favour of those persons. THE appellant sought to contend that Functional Directors of the ECL have taken a decision on August 20, 1987 to ban the issuance of the coal delivery orders to the land-losers in lieu of an employment with immediate effect.

(3.) HAVING considered the submissions made at the bar the fact which emerges that the predecessor in interest of the respondents purchased 2.39 acre of land by registered deed of conveyance dated 30th August 1938. The ECL previously acquired 1.79 acre of land out of the said 2.39 acre of land thereby leaving .60 decimal of land. There was a recommendation for purchase of the aforesaid land used and possessed by the ECL for colliery purposes. However during the cadastral settlement the plot of land acquired and utilized for the purpose of colliery by the ECL was recorded as 1.05" acre of land. It is also not in dispute that the crop compensation was paid for the period from 1975 to 1977. A policy and/or recommendation was made for providing one employment to each member of the family against the acquisition of one acre of land but later on it became difficult to give such employment and a further recommendation was made to give steam coal of grade "D" in ratio of 1600 mt. Per acre to the land-losers in lieu of such employment. The petitioners are denied such recommendation of supply of steam coal in lieu of an employment on the ground that by a subsequent recommendation the same has been banned. Such ban is imposed on 20th August 1997. It is evident from the materials placed on the record that even after a declaration to ban the issuance of the coal delivery orders in lieu of the employment, the coal has been delivered to some of the other land-losers.