NARESH SAO Vs. CENTRAL COALFIELDS LTD.

JUDGEMENT

(1.) The present writ petition has been filed for issuance of direction upon the respondent-authorities to pay compensation and to provide employment to the petitioner in lieu of acquisition of his land appertaining to Khata No.8, Mouza-Urimari, Thana No.155, District-Hazaribag, Jharkhand, measuring an area of 23.66 acres (hereinafter to be referred as the "said land") which was acquired vide Notification Nos. S.O.51(E) dtd. 24/1/1975 and S.O. 4609 dtd. 7/12/1983 issued by the Ministry of Energy (Department of Coal), Government of India, New Delhi.

(2.) Learned counsel for the petitioner submits that the original raiyat of the said land had failed to pay the rent for which a certificate proceeding being Certificate Case No.1143 of 1932-33 was initiated against him. Subsequently, the decree was prepared in the said case and the said land was purchased by ancestors of the petitioner through auction sale. Thereafter they were put into possession of the said land and became owner of the same. Further, a title dispute over the said land got started between ancestors of the petitioner and the original raiyat which led to filing a suit by the ancestors of the petitioner before the court of Munsif, Hazaribagh being Title Suit No.178 of 1944 which was dismissed vide judgement dtd. 24/7/1946. Being aggrieved with the said judgment, the ancestors of the petitioner preferred Title Appeal No.58 of 1946 before the court of Additional Sub-Judge, Hazaribagh which was allowed vide judgment and decree dtd. 11/2/1947 and 24/2/1947 respectively setting aside the judgment and the decree of the learned Munsif, Hazaribagh. Accordingly, the title of the ancestors of the petitioner as certificate auction purchasers of the suit land was declared and the respondents of the said case were directed to deliver possession of the property in suit to the appellants of the said case within a specified period and in default, it was ordered that the appellants of the said case would be entitled to get possession through the court.

(3.) It is also submitted that the order passed in Title Appeal No. 58 of 1946 was not challenged before any higher court and, as such, the same attained finality. It is further submitted that vide Notification No. S.O. 51(E) dtd. 24/1/1975 issued by the Ministry of Energy (Department of Coal), Government of India, New Delhi, the land described in the Schedule appended to the said notification including part of the said land of the petitioner were acquired under the provisions of Coal Bearing Areas (Acquisition and Development) Act, 1957 (hereinafter to be referred as the Act, 1957). Thereafter, by virtue of Notification No. S.O. 4609 dtd. 7/12/1983, the Ministry of Energy (Department of Coal), Government of India also acquired the lands in the locality specified in the Schedule appended to the said notification including part of the said land of the petitioner under the provisions of the Act, 1957. The petitioner represented the General Manager, Barka Sayal Area, Central Coalfields Ltd., Hazaribag (the respondent no.3) for grant of compensation and employment in lieu of acquisition of the aforesaid land, however, the same remained un-responded which has compelled him to prefer the present writ petition.