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2024 Supreme(Cal) 1300

PARTHA SARATHI CHATTERJEE
Sukumar Pal – Appellant
Versus
Eastern Coalfield Limited – Respondent


Advocates Appeared:
For the Petitioner: Mr. Probal Mukherjee, Mr. Siddhartha Banerje, Mr. S. Ahmed, Mr. Anjan Bhandari.
For the Respondents: Mr. Bijoy Kumar.

JUDGMENT :

Partha Sarathi Chatterjee, J.

Prelude:

1. An intricate and drawn-out legal wrangle over an issue of entitlement to an employment in Eastern Coalfields Limited in lieu of acquisition of land in terms of its Resettlement and Rehabilitation Policy persists for decades in its quest of a definite resolution.

Petitioner’s case:

2. Way back in 1981-82, the Eastern Coalfields Limited (in short, ECL) decided to acquire a large chunk of land in the District of Burdwan for expansion of its coal-mining activities. Further to that objective, a L.A. case no. 36R of 1981-82 came to be initiated in terms of the West Bengal Land (Requisition and Acquisition) Act-II of 1948 (in short, the Act-II of 1948).

3. An area of 1.07 acres of land appurtenant to plot no. 962 at Mouza- Bazari, Plot No.135 at Mouza- Kumar Khola and Plots no. 64, 29 & 147 at Mouza – Haripur (hereinafter referred to as the lands) belonged to one Chaina Mondal and one Baidya Nath Ghosh were also acquired and used by ECL.

4. At the relevant point of time, to address the plight of the land-losers, a Resettlement and Rehabilitation Policy, which was operative till 31st December, 1984, was adopted and for implementation of such po

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