MOSAIB ALI KHAN v. THE CENTRAL COALFIELD LTD. THROUGH ITS MANAGING DIRECTOR
WPC/6042/2025 · 2025-11-24
Rajesh Kumar
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 38291 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 38291 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:34957 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.6042 of 2025
.... 1. Mosaib Ali Khan, aged about 25 years, S/o Shahid Akbar Khan
2. Talha Akbar Khan, aged about 24 years, S/o Zargham Akbar Khan
3. Tarique Mazhar, aged about 38 years, S/o Mazhar Alam
4. Yusuf Noor, aged about 25 years, S/o Noorul Amin
5. Shamrin Noor, aged about 27 years, D/o Noorul Amin
6. Khalid Mazhar, aged about 34 years, S/o Mazhar Alam
7. Md. Hammad Kazim aged about 18 years, S/o Misbahul Islam
8. Md. Shoaibullah, aged about 29 years, S/o Mamoon Ali All residents of village-Chitrapur, P.O.-Chitrapur, P.S.-Rajarappa, District- Ramgarh, Jharkhand
.… Petitioners
Versus
1. The Central Coalfields Limited through its Managing Director, Darbhanga House, Kanke Road, P.O.-Gonda, P.S.-Gonda, District-Ranchi, Jharkhand
2. The Chief General Manager, Central Coalfield Limited, Barkshyal Area, P.O.- Bhurkunda, P.S.-Barkshyal, District-Ramgarh, Jharkhand
3. The General Manager (L&R), Central Coalfields Limited Darbhanga House, Kanke Road, P.O.-Gonda, P.S.-Gonda, District-Ranchi, Jharkhand
4. The Project Officer, Rajrappa Mines Colliery, Central Coalfield Ltd., Rajrappa Area, Ramgarh, P.O.-Rajrappa, P.S.-Rajrappa, District-Ramgarh, Jharkhand
5. The Staff Officer (R), Rajrappa Mines Colliery, Central Coalfield Ltd., Rajrappa Area, Ramgarh, P.O.-Rajrappa, P.S.-Rajrappa, District-Ramgarh, Jharkhand
6. The Deputy Collector (Land Reform cum Land Acquisition Officer) Ramgarh Collectorate, P.O.-Ramgarh, P.S.-Ramgarh, District-Ramgarh, Jharkhand
7. The Circle Officer, Ramgarh, Koehara Circle, P.O.-Ramgarh, P.S.-Ramgarh, District-Ramgarh, Jharkhand
.... Respondents
.... CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR
For the Petitioners
: Mr. Manoj Prasad, Adv. For the State
: AC to AG For the CCL
: Mr. P.A.S.Pati, Adv. : Mr. Akshay Kumar, Adv. .... 02/24.11.2025
1. The present writ petition has been filed for the following reliefs:-
“i. For issuance of appropriate writ(s)/order(s)/ direction(s) commanding upon the Respondents to pay the compensatory amount on account of acquisition of their land located at Koehara Thana Ramgarh, Thana No.150, Khata No.34, Khesra No.50 & 92, measuring an area of 16.50 acres which has been acquired by the CCL for mining purposes in Land Acquisition Case No.3/83-84 and despite of removal of all the objections, the compensation has not been paid rendering the petitioners as landless since mining operation is going over the land of the petitioners since more than 25 years over the land
2025:JHHC:34957
2 W.P.(C) No.6042 of 2025
ii.
Further prays for direction upon the Respondents to provide employment against the land acquired of the petitioners in the light of re- settlement and rehabilitation policy of Coal India Limited
iii. Further prays for grant of all consequential benefits in pursuance to the re-settlement and rehabilitation policy, though the claim of the petitioners duly admitted and acknowledged by the Central Coalfield Limited.”
2. It has been submitted by the learned counsel for the petitioners that although the land has been acquired in the year 1983-84 but no compensation has been paid. The petitioners were under impression that they have accepted the liability and they should have paid the compensation and that’s why the petitioners were waiting for getting compensation. 3. “What is the source of vision?” has not been disclosed but now they have approached the Court for grant of compensation. 4. The present writ petition has been filed on the ground that they are the displaced person. 5. To be a displaced person, it is sine quo non there should be an awardee. In the present case, they are neither awardee nor any compensation has been released in their favour and still they are claiming benefit under the scheme which meant for the displaced person/awardee. 6. The Coal Bearing Areas (Acquisition and Development) Act, 1957 is complete code in itself. Section 14 of the Act determines the method of determining the compensation. The land loser has been given forum under Section 14 of the said Act, even there is a concept of cost and interest under Section 15 and Section 16 of the Coal Bearing Areas (A & D) Act, 1957 and appeal under Section 20 of the Coal Bearing Areas (A/D) Act, 1957. 7. In the present case, the alleged acquisition is of the year 1983-84 but no claim has been raised either before the Tribunal or before any constituted authority under the Act. 8. In that view of the matter, this Court finds no merit to entertain the present writ petition. Accordingly, the present writ petition stands dismissed. (Rajesh Kumar, J.)
24.11.2025 Shahid/ Uploaded on 25.11.2025