RABI MONDAL Vs. EASTERN COALFIELD LIMITED

JUDGEMENT

(1.) The petitioners have approached this Court, inter alia, praying for direction upon respondent no. 1, Eastern Coalfields Limited (ECL for short) to release coal in favour of the petitioners @ 1600 metric ton per acre by way of compensation against acquisition of land and for other consequences reliefs. In or about 1988, it is alleged that land belonging to the petitioners and others were acquired by ECL for expansion of mining activities. Initially, ECL floated a "land loser scheme" wherein it, inter alia, proposed giving employment to land losers who were willing to sell their land. However, by a subsequent change of policy, the ECL, inter alia, proposed that a land loser would be entitled to 1600 metric ton of grade "D" coal per acre of land acquired in lieu of one employment per acre of land so acquired.

(2.) In view of the said policy, one Subhas Pal, Sunil Kumar Pal, Ajoy Kumar Pal and Uttam Pal filed writ petition being W.P. No. 13391 (W) of 1999 (hereinafter referred to as the first writ petition) seeking direction upon ECL for allotment of coal under the aforesaid "land loser scheme" in respect of the present land in question.

(3.) By order dated 17.10.1999 His Lordship the Hon'ble Justice Pinaki Chandra Ghose (as His Lordship then was) disposed of the writ petition as follows :