LAWS(JHAR)-2008-3-76

SHIO NATH SINGH Vs. BHARAT COKING COAL LTD.

Decided On March 10, 2008
Shio Nath Singh Appellant
V/S
BHARAT COKING COAL LTD. Respondents

JUDGEMENT

(1.) THE delay in filing this appeal is condoned. IA. No. 2512/07 is disposed of.

(2.) THIS Letters Patent Appeal is directed against the order passed by the learned single Judge on 15.6.2007 in W.P. (S) No. 1432 of 2003, dismissing the writ petition.

(3.) ACCORDING to the petitioner -appellant, he, a cultivator, owned and possessed the land measuring 13.5 acres in the village Solunga, which he acquired through registered sale deed from one S.P. Agrawala on 26.10.1995. For extension of South Tisra Open Cast Project, a proposal for acquisition of 87 acres of land in Mouza Solunga was submitted by the respondents to the District Land Acquisition Officer, Dhanbad, in the year 1992. Due to abnormal delay in land acquisition proceeding, the respondent BCCL felt it imperative to acquire the land belonging to various owners including the petitioner -appellant, resorting to direct negotiation with the owners. Accordingly BCCL took the delivery of possession of the land of the petitioner in the year 1995. After acquisition of the said land, the petitioner -appellant was asked to submit some documents for processing the payment of compensation and also for offering employment. The petitioner -appellant furnished the relevant documents. But the respondents have refused to give the compensation amount as well as to offer employment to his dependents on the ground of non -production of mutation order, upto date rent receipts and recent survey khatian in his name.