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Bimla Devi Vs. Bccl

Bimla Devi vs Bccl

Type Court Judgment Court Jharkhand Decided Jul 30, 2013
~3 min read
https://sooperkanoon.com/case/1019016

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Citation
Court
Jharkhand High Court
Decided On
Subject
Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue
Land Acquisition

Parties & Advocates

Appellant / Petitioner

Bimla Devi

Respondent

Bccl

Excerpt

.....certificate' was submitted long back on 31.7.2010. the land was also measured by them in presence of the petitioner, but till date no order for payment of compensation and employment of her son has been passed by the respondents. -2- learned counsel appearing on behalf of the respondents- bccl submitted that the writ petition can be disposed of at this stage in view of the prayer made in the i.a. directing the competent authority to consider the petitioner's claim and pass appropriate order. it has been submitted that the general manager, land and revenue, b.c.c.l., dhanbad is the competent authority to consider the petitioner's claim and pass appropriate order. considering the said submissions, this writ petition as well as i.a. no.5267 of 2013 are disposed of directing the general manager, land and revenue, b.c.c.l., dhanbad to consider the claim of the petitioner no.1 and pass appropriate order regarding the petitioner's claim of compensation and employment of her son within six weeks from the date of receipt/production of a copy of this order. the respondents, thereafter, shall communicate the order to the petitioner in writing. (narendra nath tiwari, j.) shamim/

Full Judgment

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.5557 of 2012 with I.A. No.5267 of 2013 Bimla Devi .......... Petitioner Versus M/s Bharat Coking Coal Ltd., Dhanbad & Ors. ........ Respondents ------ CORAM : HONBLE MR. JUSTICE NARENDRA NATH TIWARI ------ For the petitioner : Mr. Ashim Kr. Sahani, Advocate For the Respondents : Mr. Indrajit Sinha, Advocate ------ 5/30.07.2013: The petitioner has filed interlocutory application praying for fixing an early date of hearing and disposal of W.P.(S) No.5557/2012. It has been submitted that the petitioner is a widow and the writ petition is regarding payment of compensation and employment of the petitioner's son, who is entitled to get employment under the policy decision of the respondents. It has been stated that the petitioner's land was acquired by the respondents for the purpose of coal excavation. Under the Land Losers Scheme, the petitioner is entitled to get compensation and a member of the family is to be given employment. The land was acquired long ago and the application was filed for the purpose of payment of compensation and for giving employment to the petitioner's son, but the petitioner's claim was not entertained on the ground that it was not accompanied with the 'No Objection Certificate' issued by the competent authority. Subsequently, 'No Objection Certificate' was submitted long back on 31.7.2010. The land was also measured by them in presence of the petitioner, but till date no order for payment of compensation and employment of her son has been passed by the respondents. -2- Learned counsel appearing on behalf of the respondents- BCCL submitted that the writ petition can be disposed of at this stage in view of the prayer made in the I.A. directing the competent authority to consider the petitioner's claim and pass appropriate order. It has been submitted that the General Manager, Land and Revenue, B.C.C.L., Dhanbad is the competent authority to consider the petitioner's claim and pass appropriate order. Considering the said submissions, this writ petition as well as I.A. No.5267 of 2013 are disposed of directing the General Manager, Land and Revenue, B.C.C.L., Dhanbad to consider the claim of the petitioner no.1 and pass appropriate order regarding the petitioner's claim of compensation and employment of her son within six weeks from the date of receipt/production of a copy of this order. The respondents, thereafter, shall communicate the order to the petitioner in writing. (Narendra Nath Tiwari, J.) Shamim/

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