VIJAY LAL Vs. C.C.L.

JUDGEMENT

(1.) It is submitted on behalf of the Petitioner that though the lands and house were acquired in the year 1989, but the compensation for house to the tune of Rs. 2,17,403.29 paise was offered after a long delay and that the compensation should be paid as per the new policy which came into effect from on 19th May. 2008 as the Petitioner was offered compensation in 2010.

(2.) On the other hand. Mr. A.K. Das, learned Counsel appearing for the Respondents CCL, by referring to the counter-affidavit submitted that the assessment of compensation for the house of the Petitioner was done in the year 1995 itself and such compensation was paid to most of the tenants/owners of the land, whose lands/houses were acquired. The Petitioner deliberately, in spite of having knowledge about disbursement of compensation, and on repeated request made by the Respondent Company, did not take any interest and did not turn up to receive compensation only with an ulterior motive to continue in possession and has filed this writ petition after lapse of 15 years of the acquisition of the house and lands. He further submitted that the compensation of the lands was already received by the Petitioner, and that interest was added upon the compensation for house to bring the valuation at par to the market rate existing in the year 1995. He further submitted that the compensation is generally paid after vacation of the house, and to avoid a situations where the people after receiving compensation refuse to vacate the house. He further submitted that the Petitioner is avoiding to receive compensation on one pretext or the other to defeat the purpose of the acquisition. He further submitted that the Petitioner was lastly called by the Respondents by the said letter dated 12.1.2010 to receive the payment against which he has chosen to file this writ petition. He further submitted that for enhancement of compensation, he has alternative remedy to approach the Tribunal constituted under Sections 14 and 15 of the Coal Bearing Area (Acquisition & Development) Act, 1957.

(3.) It appears that the Respondents have been offering the amount of compensation of the house since the year 1995 but Petitioner is not receiving the same as he does not want to vacate the house. It further appears that there is no provision in the Scheme of 2008 that it will apply to the acquisition made in the year 1989. Therefore, on the ground that a letter was issued by the Respondents on 12.1.2010 for receiving compensation, the Scheme of 2008 cannot be applied on him, as according to the Respondents, in spite of repeated request, from 1995 the Petitioner did not receive the compensation.