JADU MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ application has been filed by the petitioners for issuance of writ in the nature of mandamus directing the respondents to give the benefits of the Awards made under Section 28-A of the Land Acquisition Act in Reference Case Nos. 91, 92, 93 and 94 of 1979.

(2.) The facts necessary for disposal of the present application are that a preliminary notification under Section 4 of the Land Acquisition Act (hereinafter referred to as the Act) for acquisition of the land for public purpose i.e. for Coal Mines Labour Welfare Organization was issued. On 10.11.67 a declaration under Section 6 of the Act was made and on 6.4.74 the awards were prepared under Section 11 of the Act in different Land Acquisition cases. Some of the Awardees did not accept the Award made by the Collector and laid objections before the Collector who made a reference under Section 18 of the Act and the Land Acquisition Judge made an Award on 30.9.85 enhancing the amount of compensation. The petitioners because of their poverty did not make an application for reference under Section 18 of the Act. When they came to know about the enhancement of amount of compensation by reference court, they filed an application before the collector under Section 28A of the Act praying therein to award them the some amount of compensation as has been awarded to the other award dees by the reference Court. On 30th April, 987 the Collector passed an Award in favour of the petitioners enhancing the amount of compensation. However, the enhanced amount was not deposited by the respondent No. 4 the B.C.C.L for whose benefits the lands were acquired. At this stage, it would be mentioned that originally the land was acquired for the Coal Mines Labour Welfare Organisation and later on the aforesaid organisation has merged with respondent No. 4. As the amount of enhanced compensation as determined by the Award under Section 28 A of the Act was not paid to the petitioners they have filed the present writ application.

(3.) From perusal of the counter affidavit it appears that the State Government has filed an appeal against the judgment and Award made under Section 18 of the Act before this Court being F.A. No. 32 to 35 of 1986 (8). The respondent No. 4 has already filed an application for its addition on the ground that as it is an interested party it should be here in the appeal. The said appeal is still pending for disposal.