Full Judgment
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WP759OF 2014 DADAN SINGH & ANR.
Versus COAL INDIA LIMITED & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 19th August, 2014.
Mr.Partha Ghosh, Advocate …for petitioners Mr.Alok Kumar Banerjee, Advocate Ms.Sanchita Barman Roy, Advocate ….for respondents The Court :- The writ petitioner No.1 became a “land loser”.
His land measuring about 2.01 acres was allegedly damaged by Eastern Coalfields Limited.
The respondent company has a scheme.
It inter alia provides for compensation and service to those deprived of their lands, subject to conditions.
The writ petitioner No.1 has chosen the option of compensation with a claim for employment for his son, the writ petitioner No.2.
After going through the decision of the respondent company dated 10th February 2014 it appears that although initially the respondent company was not so minded, but subsequently they had decided to consider the case of the second writ petitioner for employment and the demand of the fiRs.writ petitioner for land value/compensation.
This would appear from the minutes of the respondent company dated 10th February 2014.
But the respondent company would also, prior to paying the compensation make verification of the right, title and interest of the land owneRs.Perusing the minutes of 10th February 2014 I believe that the respondent company has the inclination to pay compensation and provide employment to the writ petitioners subject to their complying with certain conditions as mentioned in the said minutes.
Therefore, let the compensation as mentioned in the minutes of 10th February 2014 be immediately released to the writ petitioner No.1 subject to proper verification.
The case of the second writ petitioner for employment should be taken up by the respondent authorities.
They should take a formal decision with reasons on the basis of their decision dated 10th February 2014 within 31st December 2014.
Affidavits are not invited.
This writ could be disposed on the existing papeRs.The allegations contained in the petition are deemed not to be admitted.
This writ application is accordingly disposed of.
Urgent certified photostat copy of this order, if applied for, be made available to the parties, upon compliance of all requisite formalities.
(I.P.MUKERJI, J.) GH.