Smt. Sanichari Devi vs C.C.L. and Others

S.J. Mukhopadhaya, J.—The writ petition has been preferred by petitioner for direction on the respondents to provide employment, the land of ancestors having acquired in favour of M/s. C.C.L. Further prayer has been made to direct the respondents to pay the compensation of acquired land.

Counsel for the respondents states that a counter affidavit has already been filed on behalf of respondents on 9th January, 2001 of which a photo copy was produced. It is stated that the land of petitioner being less than two acres, as per scheme, no employment can be given against such acquisition of land. However, according to petitioner, about 11 acres of land were acquired as detailed at para 1 to the writ petition.

In the facts and circumstances, there being disputed question of fact relating to area of land acquired, it is not possible for this Court to give any decision on merit in one or other way.

The petitioner may move before the competent authority for payment of compensation, who will determine the issue and pay the admitted compensation on the basis of authentication. If no authentication made, the petitioner may move before the authorities of the State, who all decide the question of authentication within one month.

If any adverse decision is taken, the competent authority will communicate the ground to the petitioner within the aforesaid period.

So far as employment is concerned, the petitioner may move before the competent authority and show that more than two acres of land of her share has been acquired.

The writ petition stands disposed of.