The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.3060 of 2020 1. 2. DharmdeoKarmali, aged about 56 years, son of Late KhedanLohar, residing at village Potanga, Post office Gosaibalia, Police Station Barkagaon, District Hazaribagh. JagoManjhi, aged about 60 years, son of Late JaduManjhi, resident of Village Potanga, TolaBerka, Post GosaiBaliya, Police Station Barkagaon, District Ramgarh; 3. Dilip KumarSinha, aged about 49 years, son of Late KuldipSahay, residing at village Idpara, Post office Harhadkandel, Police Station Chitarpur, District Ramgarh; Sri Ramavatar Singh, aged about 85 years, son of Late Rambujhavan Singh, residing at village Pundri, Post office Mekh, Police Station Mufilsil, District Hazaribagh; 4. 5. DashramManjhi, aged about 38 years, son of RupanManjhi, residing at village Potanga, Post office Barkagaon, Police Station Barkagaon, District Hazaribagh; 6. BabluKarmali, aged about 50 years, son of Late KedhanLohra @ BodhanLohra, residing at village Potanga, Post office Barkagaon, Police Station Barkagaon, District Hazaribagh; 7. Uttam Saw, aged about 65 years, son of Late Dina Saw, residing at Barkakana, Post office Barkakana, Police Station Patratu, District Ramgarh, 8. Dhaneshwar Munda, aged about 44 years, son of Late JagoMunda, residing at village Potanga, Post office Barkagaon, Police Station Barkagaon, District Hazaribagh; Saheshwar Mahto, aged about 38 years, son of Thakuri Mahto, residing at village Badam, Post office Barkagaon, Police Station Barkagaon, District Hazaribagh, 9. 10. Jhaman Prasad Saw, aged about 52 years, son of Late Gango Saw, residing at village Seren Dag, Post office Kasimadih, Police Station Tagdwa, District Chatra; 11. Mahesh Giri, aged about 33 years, son of Laxman Giri, residing at village Potanga, Post office Barkagaon, Polce Station Barkagaon, District Hazaribagh, 12. Mohan Manjhi, aged about 48 years, son of Late Manager Manjhi, residing at village Potanga, Post office Barkagaon, Police Station Barkagaon, District Hazaribagh; 13. Sharda Devi, aged about 60 years, wife of Late Gopal Singh, residing at Barkakana, Post office Barkakana, DistrictRamgarh; Police Station Ghutwa, - 1 - W.P.(C) No.3060 of 2020 14. Maheshwar Kumar Munda, aged about 28 years, son of Late LaxmanMunda, residing at village Sadma, Post office Sadma, Police Station Ormanjhi, District Ranchi; 15. Tulsi Saw, aged about 55 years, son of Kalpu Saw, residing at Tesar Chepa, Post office Dhangara, Police Station Tandwa, District Chatra; 16. Umesh Kumar Thakur, aged about 41 years, son of Teju Thakur, residing at Harli, Post office Harli, Police Station Barkagaon, District Hazaribagh; 17. Dilip Kumar Sinha, aged about 40 years, son of Late Madan Mohan Prasad, residing at village Dumar, Post office Jaganathdham, Police Station Muffasil. District Hazaribagh; 18. Nagendra Singh, aged about 35 years, son of Gaya Prasad Singh, residing at village Sauda, Post office Patratu, Police Station Patratu, District Ramgarh; 19. Sunil Kumar Singh, aged about 38 years, son of Vakil Singh, residing at village Sauda, Post office Patratu, Police Station Patratu, District Ramgarh, 20. Ajit Kumar Singh, aged about 46 years, son of Late Ramshreshth Singh, residing at village Sauda, Post office Patratu, Police Station Patratu, District Ramgarh; 21. Ram Prakash Dangi, aged about 50 years, son of Late Gango Mahto, residing at Saadh, Post office Barkagaon, Police Station Barkagaon, District Hazaribagh; 22. Jhari Karmali, aged about 52 years, son of Late Savna Karmali, residing at Potanga, Post office Barkagaon, Police Station Barkagaon, District Hazaribagh; Jhanaram Manjhi, aged about 44 years, son of Late Karmu Manjhi, residing at village Potanga, Post office Barkagaon, Police Station Barkagaon, District Hazaribagh, 23 24. Mahesh Ganjhu, aged about 45 years, son of Late Jethu Ganjhu, residing at Potanga, Post office Barkagaon, Police Station Barkagaon, District …… Petitioners Hazaribagh. Versus 1. 2. 3. 4. 5. State of Jharkhand. The Deputy Commissioner, Hazaribagh, officiating from Deputy Commissioner Office, Nawabganj, Post and Police Station Hazaribagh, District Hazaribagh: The Additional Collector, Hazaribagh, officiating from the District Collectorate, Nawabganj, Post and Police Station Hazaribagh, DistrictHazaribagh; The Circle Officer, Barkagaon, Post and Police Station Barkagaon, District Hazaribagh; The Central Coalfield Limited (CCL) a Government undertaking through its Chief Managing Director, - 2 - W.P.(C) No.3060 of 2020 6. 7. officiating fromDarbhanga House, Post Darbhanga House, Police Station Gonda, District Ranchi, The General Manager (L&R), Central Coalfield Limited (CCL, officiating from Darbhanga House, Post Darbhanga House, Police Station Gonda, District Ranchi; The General Manager, BarkaSayal area, Central Coalfields Limited, Post Sayal, Police Station …... Respondents Ramgah, District Ramgarh. ---------
Legal Reasoning
CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR --------- : Mrs. Ritu Kumar, Advocate For the Petitioners For the Resps./State : Mr. Shashank Saurav, A.C to A.A.G.-III For the Resp./ CCL : Mr. Rajesh Lala, Advocate --------- 07/Dated: 23 rd September, 2024 1. 2. Heard learned counsel for the parties. The present writ petition has been filed for issuance of direction upon the respondent Nos.5 to 7 to immediately and forthwith give compensation and employment to the petitioners in lieu of acquisition of their raiyati land along with their residential houses by notification dated 24.01.1975 and 24.01.1996 under Coal Bearing Areas (Acquisition and Development) Act 1957 for Central Coalfields Limited, Birsa Project (North Urimari, Barkagaon) alongwith interest @18% P.A. till the date of actual payment. 3. The description of lands is as follows :- Sl. No. 1 2 3 4 5 6 7 8 9 10 11 12 Khata No. Measurement of Land 78 78 78 78 78 78 78 78 78 78 78 78 10 acres 15 decimals 06 acres 16 decimals 06 acres 65 decimals 04 acres 37 decimals 02 acres 30 decimals 06 acres 55 decimals 06 acres 35 decimals 04 acres 25 decimals 08 acres 57 decimals 04 acres 20 decimals 10 acres 59 decimals 06 acres 22 decimals 04 acres 12 decimals 08 acres 37 decimals 07 acres 36 decimals - 3 - W.P.(C) No.3060 of 2020 13 14 15 16 17 18 19 20 21 22 23 24 78 78 78 78 78 78 78 78 78 78 78 78 11 acres 56 decimals 08 acres 83 decimals 02 acres 23 decimals 04 acres 10 decimals 10 acres 20 decimals 04 acres 23 decimals 08 acres 35 decimals 04 acres 13 decimals 04 acres 7 decimals 04 acres 17 decimals 02 acres 27 decimals 02 acres 00 decimals 4. It is an admitted position that the lands, in question, have been acquired and the award has also been prepared. Now, there is dispute regarding the entitlement between the parties inter se. This can only be resolved under Section 17 of the Coal Bearing Areas (Acquisition and Development) Act, 1957. 5. In that view of the matter, the present writ petition is, hereby, disposed of giving liberty to the parties to approach the concerned Tribunal under Section 17 of Coal Bearing Areas (Acquisition and Development) Act 1957. If any party approaches the concerned Tribunal under Section 17 of the Act, 1957, then the Tribunal is directed to decide the same, as expeditiously as possible, in accordance with law, after giving due opportunity to the parties. 6. With above observation and direction, the present writ
Decision
petition is, hereby, disposed of. 7. Pending interlocutory application, if any, also stands disposed of. Chandan/- (Rajesh Kumar, J.) - 4 - W.P.(C) No.3060 of 2020