LAWS(JHAR)-2014-3-43

GOVIND YADAV Vs. C.C.L.

Decided On March 13, 2014
GOVIND YADAV Appellant
V/S
C.C.L. Respondents

JUDGEMENT

(1.) THE plight and suffering caused by the respondents on account of serial blasts made by them in the vicinity of the residential house of the petitioner forced him to approach this Court, by filing this writ petition.

(2.) THE petitioner is a resident of Village -Bandh Basti, P.S. Gomia, Kathara in the district of Bokaro. The respondents are the Coal Company and a Government of India Undertaking. For the purpose of extracting coal from Query No. 2 of Kathara area Colliery. The respondents used explosive and detonators from 3.11.1986 to 23.12.1986 in sequence, as thus:

(3.) IT is an admitted position that the houses of the petitioner are situated in extreme North West of the village at a distance of 400 meters from the existing limit of extraction in Kathara area No. 2 Query of the respondents. Because of detonation of the said serial blasts by the respondents, all the houses of the petitioners were damaged long back in 1986. The petitioner claimed compensation of the damages before the authorities of the respondents including the General Manager of the Kathara Area Colliery by filing application long back on 25.12.1986. A committee was constituted by the respondents to assess the loss and the amount of damage. The said Committee comprised of six members: (1) The Staff Officer(M)/Safety Officer (KTA); (2) The Finance Manager(C & H)(KTA); (3) The Safety Officer, Kathara Colliery; (4) The Sr. Survey Officer,. Kathara Colliery; (5) The Sr. Executive Engineer, Kathara Colliery; & (6) One representative of operating Trade Union.