DARBARI LAL MUDI Vs. RANEEGANJ COAL ASSOCIATION LTD

JUDGEMENT

(1.) These are a series of analogous second appeals from concurrent findings of the Munsif of Dhanbad and of the Subordinate Judge of Purulia in a number of ejectment suits brought by the Raneeganj Coal Association Ltd. against persons who were in possession of lands and premises in village Kustore. The learned Munsif passed orders for ejectment without compensation and his orders were affirmed by the learned Subordinate Judge. Pending this appeal an application was made to this Court for stay of execution, but on hearing the parties and reading the affidavits that were filed the Court decided in view of the urgency of the matter that the appeal should be expedited and heard by the vacation Court.

(2.) The circumstances in which these suits came to be brought as disclosed by the findings of the Courts below and the evidence filed in this Court on the stay application are as follows: The plaintiff company carries on extensive coal mining operations in the Jharia coal field. In Kustore they have acquired mining rights from the Raja of Jharia, they have also got a mukarrari lease of the surface from the Raja and they have acquired from certain intermediate tenure-holders referred to in the proceedings as the Patnaiks all their interest in the khast, homestead and other lands. When the plaintiffs began coal mining operation in this district about, 25 years ago a number of persons were attracted to the neighbourhood for the purpose of ministering to the needs of the colliery workers. Among these persons were the defendants in these suits or their predecessors in title who came to village Kustore and took settlement of plots of land from Patnaiks on which they erected--originally temporary and subsequently permanent--structures in which they carried on trade as shopkeepers and so forth, no doubt to the mutual advantage of themselves and the colliery workers whom they served. The plaintiffs are now desirous of working out the coal underlying the whole of this village in such a way that they will probably lot down the surface. Under the mining regulations in force in this province however it is forbidden to remove the pillars of coal under or within specified limits of existing buildings.

(3.) The plaintiffs have reached a stage in their mining operations at which they can go no further without removing the pillars. It is therefore necessary for them to get rid of the buildings erected on the surface. For this purpose they served the ejectment notices which were preliminary to these suits. It is a material consideration in this case that the plaintiffs object is not to acquire but to get rid of the buildings. The urgency of the matter is that unless the plaintiffs can proceed immediately to work out the seam underlying this village they will not be able to fulfil their contracts for the supply of coal to the Tata Steel Company and other persons, the seriousness of which at the present juncture need not be emphasised.