High CourtsDivision Bemnch(2018) 01 CAL CK 0069

Sri Partha Ghosh vs Coal India Ltd. & Ors.

Calcutta High Court · Decided on 5 January 2018

HON’BLE JUDGES
Jyotirmay Bhattacharya, Arijit Banerjee
CASE NUMBER
1285 of 2017

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Judgment

4 paragraphs · 318 words
1.

By our earlier order dated 17th November, 2017 we had directed the Commissioner of Police, Asansol and the Superintendents of Police, Burdwan, Purulia, Bankura and Birbhum to submit a report to this Court as regards the steps taken by them for stopping illegal mining operations and pilferage of coal. Today reports have been filed by the Commissioner of Police, Asansol Durgapur, Superintendent of Police, Burdwan and Superintendent of Police, Bankura. However, the Superintendent of Police, Purulia and Superintendent of Police, Birbhum have not submitted their report. They shall submit their report on the next date. Let the three reports filed today be kept on record. Let copies of the reports be circulated amongst the parties.

2.

In so far as our direction to the police authorities for providing assistance for implementation of the eviction orders is concerned, Mr. Basu, learned senior counsel for Eastern Coalfields Ltd. apprises us that out of 2346 eviction orders passed by the Estate Officer, only 85 orders have been executed and possession of 85 quarters out of 2346 quarters have been recovered. In our view, this is wholly inadequate. The police authorities are directed to provide greater assistance to Eastern Coalfields Ltd. to implement the eviction orders and recover possession of the quarters from the illegal occupants. A status report shall be filed on the next date in this regard by the State. Eastern Coalfields Ltd. shall inform the concerned police authorities the details of the assistance required by them from the police authorities. Depending on such information, the police authorities will provide sufficient force to execute the eviction orders.

3.

Eastern Coalfields Ltd. shall file a supplementary affidavit bringing on record the correspondence between the company and the authorities and any other relevant facts. The parties shall also be at liberty to deal with the reports filed in Court today by way of affidavit.

4.

List the matter four weeks hence.