Extracted from the PDF above. The PDF is authoritative.
1 W.P.(C) No.7540 of 2023 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.7540 of 2023 -----
1. Md. Inul son of Late Jaibrail Hussain resident of Village Parej, P.O. Banji, Rahmat Nagar, P.S. Ghatotand, Ramgarh.
2. Md. Samim son of Md. Mumtaj resident of village Parej, Rahmat Nagar, Near Madarsa, Barughutu Utri Banji, P.O. Banji P.S. Ghatotand, Ramgarh.
3. Abdul Manan son of Md. Quamruddin Ansari resident of village Pauta, Chandwar, P.O. and P.S. Chandwar, Hazaribag.
4. Md. Irfan Ansari son of Md. Israil resident of Rahmat Nagar, P.O. Parej, P.O. Banji, P.S. Ghatotand, Ramgarh. ........... Petitioners. -Versus-
1. The State of Jharkhand.
2. The Secretary, Department of Revenue, Registration and Land Reforms, Government of Jharkhand, Dhurwa, Ranchi.
3. The Deputy Commissioner, Ramgarh.
4. The Additional Collector, Ramgarh.
5. The District Land Acquisition Officer, Ramgarh.
6. The Managing Director, TISCO, Jamshedpur.
7. The General Manager, TISCO, West Bokaro Division, Ghatotand, Bokaro.
8. The Chief Revenue Officer, TISCO, Ghatotand, Bokaro. .......... Respondents. -----
CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioners : Mr. Sandeep Verma, Advocate For the State : Mr. Shashank Saurav, A.C. to G.P.-II For the Res. Nos.6 to 8: Mr. Pratyush Kumar, Advocate
Ms. Taru Gupta, Advocate -----
Order No.07
Date: 25.03.2025
1. The present writ petition has been filed for issuance of direction upon the respondent no.7- General Manager, Tata Iron and Steel Company Limited (in short ‘TISCO’), West Bokaro Division, Ghatotand, Bokaro to make payment of compensation to the petitioners in lieu of carrying out mining operation by the TISCO over their land appertaining to R.S. Plot Nos.102 and 55 under Khata No.1 situated at Mouza-
2 W.P.(C) No.7540 of 2023 Kedla, Pargana Jagesar, P.O. and P.S. Mandu, District Ramgarh measuring total area of 80 decimals. The petitioners have also prayed for issuance of direction upon the respondent no.7 to provide employment to them in lieu of mining operation being done by the TISCO over the said land.
2.
Learned counsel for the petitioners submits that the petitioner no.1 purchased the land measuring an area of 25 decimals appertaining to Plot Nos.102 and 55 under Khata No.1 situated at Mouza Kedla, Pargana Jagesar, P.O. and P.S. Mandu, District-Ramgarh through registered sale deed dated 30th October, 2002 and came into possession over the same. The petitioner no.2 purchased the land measuring an area of 15 decimals appertaining to Plot Nos.102 and 55 under Khata No.1 situated at Mouza Kedla, Pargana Jagesar, P.O. and P.S. Mandu, District-Ramgarh through registered sale deed dated 29th April, 2004 and came into possession over the same. The petitioner no.3 purchased the land measuring an area of 15 decimals appertaining to Plot Nos.102 and 55 under Khata No.1 situated at Mouza Kedla, Pargana Jagesar, P.O. and P.S. Mandu, District-Ramgarh through registered sale deed dated 15th April, 2004 and came into possession over the same. The petitioner no.4 purchased the land measuring an area of 25 decimals appertaining to Plot Nos.102 and 55 under Khata No.1 situated at Mouza Kedla, Pargana Jagesar, P.O. and P.S. Mandu, District-Ramgarh through registered sale deed dated 30th October, 2002 and came into possession over the same. 3 W.P.(C) No.7540 of 2023
3. It is further submitted that the mining operation is being done by the TISCO over the aforesaid lands of the petitioners without issuing any notice to them. The said lands have neither been acquired under the provisions of Coal Bearing Areas (Acquisition and Development) Act, 1957 nor under the Land Acquisition Act, 1894. It is also submitted that the respondent no.3- the Deputy Commissioner, Ramgarh after making due enquiry submitted verification report before the respondent no.7 vide letter no.540 dated 12th December, 2008 mentioning that Jamabandi with respect to the aforesaid lands was running in the name of the petitioners and rent-receipts were being issued in their names. Despite various representations given by the petitioners to different authorities including the respondent no.7, no action has been taken in this regard which has compelled the petitioners to prefer the present writ petition. 4. Mr.
Pratyush Kumar, learned counsel appearing for the respondent nos.6 to 8 submits that the petitioners have not clearly spelt out in the writ petition as to whether the land in question has been given to the TISCO by the State Government by way of lease or the same has been acquired and thereafter the lease has been granted to the TISCO for the purpose of mining. 5. Having heard the learned counsel for the parties and considering the nature of prayer made in the present writ petition, without entering into the merit of the case, the
4 W.P.(C) No.7540 of 2023 petitioners are given liberty to prefer a fresh representation on the present issue before the respondent no.7. On receipt of the said representation, the respondent no.7 after verifying the relevant records and on providing due opportunity of hearing to the petitioners/their representative(s), shall take an appropriate informed decision in accordance with law within a period of eight weeks from the date of filing of the said representation. 6. The writ petition is, accordingly disposed of with aforesaid liberty and direction. (Rajesh Shankar, J.) Rohit/