CENTRAL COALFIELDS LTD. Vs. BANSHIDHAR MISHRA

JUDGEMENT

(1.) THIS memo of appeal has been preferred by the appellants after delay of six days for which cause has been shown. However, in the facts and circumstances as mentioned below, this Court is not inclined to issue notice to the respondents.

(2.) ADMITTEDLY , the land of the respondents was acquired in favour of the appellants by the notification dated 31.3.1983 issued under the provisions of the Coal Bearing Areas (Acquisition and Development) Act, 1957. Inspite of an application, the appellants did not choose to pay compensation to the land - looser/writ petitioners. The appellants rejected the claim by order dated 17.1.2002 on the ground that they did not require the land in future. Being aggrieved, the writ petitioners/respondents challenged the said order in WP (C) 3142 of 2002. Learned Single Judge by order dated 14th August 2003 disposed of the writ petition with the direction in favour of the writ petitioners/ respondents.

(3.) ADMITTEDLY , the land was acquired in the year 1983 in favour of the appellant company, the Central Coalfields Limited. Thereafter, re -de - notification of such acquisition has been made. In the aforesaid circumstances, the learned Single Judge has directed the appellants either to pay the compensation to the writ petitioners/ respondents, or to take steps for de - notification of the land in question. We find no illegality in the impugned order passed by the learned Single Judge. In the circumstances, no notice is required to be issued to the respondents. There being no merit, this appeal is dismissed