JUDGMENT :

Since the similar issue is involved in both the writ petitions, the same are taken up together with the consent of learned counsel for the parties and are being disposed of by this common judgment.

2. W.P.(C) No. 6502 of 2022 has been filed for issuance of direction upon the respondents to pay adequate compensation in terms with the Right to Fair Compensation & Transparency in Land Acquisition (Rehabilitation and Resettlement) Act, 2013 [hereinafter referred to as ‘the Act, 2013’] along with statutory interest in lieu of acquisition of the petitioner’s land appertaining to Khata No. 16, Plot Nos. 18, 19, 20, 24, 476, 477, 479, 494, 495, 496, 502, 707, 708, 709, 710, 713, 720, 725, 728, 729, 724, 732, 739, 741, 742, 743, 744, 785, 791, 792, 795, 799, 801, 804, 810, 894, 929, 1064, 1067, 1071 & 1082, Mouza-Jarangdih, Thana No. 16, District Bokaro, measuring total area 13.29 Acres as well as to provide employment to the family members/descendants of the Khatiani raiyat including the petitioner.

3. W.P.(C) No. 6511 of 2022 has been filed for issuance of direction upon the respondents to pay adequate compensation in terms with the Act, 2013 along with statutory interest in lieu of acquisition of the petitioners’ land appertaining to Khata No. 6, Plot Nos. 286, 296, 298, 299, 303, 341, 342, 344, 345, 346, 347, 454, 455, 457, 895, 1226, 1643, 1659 & 1679, Mouza-Jarangdih, Thana No. 16, District-Bokaro, measuring total area 6.73 Acres as well as to provide employment to the family members/descendants of the Khatiani raiyat including the petitioners.

4. Learned counsel for the petitioners submits that both the writ petitions have been preferred by the petitioners for their own cause as well as espousing the cause of other co-sharers. The lands involved in W.P.(C) No. 6502 of 2022 are recorded in the name of Bharath Mian in the Khatian and the petitioner along with other descendants have paid the rent of the said lands till the revenue year 2015-16. The lands involved in W.P.(C) No. 6511 of 2022 are recorded in the name of Gondo Mian in the Khatian and the petitioners along with other descendants have paid the rent of the said lands till the revenue year 2021-22.

5. It is further submitted that the Eastern Railway, Government of India had acquired the said lands vide notification dated 12.12.1922 which were subsequently transferred to the National Coal Development Corporation in the year 1956 and thereafter the same were transferred to Coal India Limited in the year 1975. Neither any award with respect to acquisition of the lands in question was prepared in favour of ancestors of the petitioners nor any proof relating to payment of compensation has been shown by the respondents to the petitioners. Even after purported acquisition of the lands in question, the petitioners are in possession of most of the lands, however, the respondent-CCL uses to take over the said lands as per its requirement and dispossesses the descendants of the original raiyats for utilizing the same for different purposes such as; extraction of coal, siding spot, transportation and other allied purposes. As and when the petitioners along with other co-shares of the lands visited the office of the respondent-CCL, they were informed that their lands had already been acquired, however, they failed to show any document as to how the said acquisition was made and whether any compensation was paid to the original raiyats. It is settled principle that the land acquisition proceeding completes only when the award is prepared, however, there is no document with the respondent-CCL in support of the fact that any award with respect to acquisition of the said lands was prepared in the year 1922. Under the said circumstance, the petitioners as well as the other co-sharers being the descendants of the recorded tenants are entitled to receive compensation for acquisition of the said lands in terms with the Act, 2013. The petitioners are poor and illiterate persons and hence