BANSHIDHAR MISHRA Vs. CENTRAL COAL FIELDS LTD

JUDGEMENT

(1.) HEARD Mr. P.K. Prasad, learned counsel for the petitioners and Mrs. Sheela Prasad tearned counsel for the respondents.

(2.) THE petitioners are aggrieved by Order dated 17.1.2002 (Annexure -6) by which the petitioners have been informed that their claim for compensation for acquisition of 24.27 Acres of land cannot be allowed, because it was found that the Central Coalfields Limited would not require the lands in future.

(3.) ACCORDING to Mrs. Sheela Prasad, the respondents do not deny the payment of compensation. She refers to paragraph 11 of the Counter Affidavit and states that the petitioner will be paid interest as per law for delayed payment provided the lands are not denotified. At paragraph 14 of the Counter Affidavit it has further been stated that inspite of the Notification, the respondents are not debarred from taking necessary action for denotification of the land because the petitioners are still carrying out cultivation work thereon and they are not economically weak. She placed reliance upon an unreported judgment of this Court passed in "WP(C) No. 4149 of 2002" delivered on 31.7.2003. In that case, the lands were acquired in the year 1985 under , the provisions of the same Act and similar to the facts of this case, the respondents later on came out with a stand that the lands were not found feasible and it was accordingly decided that the lands will have to be denotified and returned to the Raiyats.