Jharkhand High Court
M/S. Bharat Coking Coal Ltd vs The State Of Jharkhand & Ors on 4 May, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
[Civil Writ Jurisdiction]
W.P.(C) No. 534 of 2006
M/s. Bharat Coking Coal Ltd. .... .. ... Petitioner
Versus
The State of Jharkhand & Ors. .. ... ... Respondents
...........
CORAM :HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through Video Conferencing)
.........
For the Petitioner : Mr. Anoop Kumar Mehta, Advocate
For the Respondents-State : Mr. Deepankar, AC to AG
......
24/ 04.05.2022.
Learned counsel for the petitioner, Mr. Anoop Kumar Mehta has submitted,
that present writ petition was filed on 27.01.2006 by the petitioner- Bharat
Coking Coal Ltd. for issuance of an appropriate writ in the nature of mandamus
commanding upon the respondents to immediately and forthwith take all
necessary steps to ensure the immediate evacuation of all auauthorized occupants
in the light of the order contained in Memo No.2548 dated 26.11.2005 passed by
Sub-Divisional Officer, Dhanbad as the lands in question fall under Fire zone and
is also dangerous for human habitation as numerous accident and subsidence
have taken place and also for direction upon respondent nos.2 to 5 namely,
Deputy Commissioner, Dhanbad, the Superintendent of Police, Dhanbad, Sub-
Divisional Officer, Dhanbad and Officer-in-Charge, Kenduadih Police station in
the District of Dhanbad to provide all measures to ensure handing over
possession of the lands falling under Khewat No.11 of Mouza- Kenduadih,
Revenue P.S. Case No.63 (Thana No.63), District- Dhanbad recorded in the name
of East India Coal Company having an area of 627 Bighas of lands in the light of
the order/judgment passed by the Hon'ble Supreme Court of India dated
13.05.1994 in Civil Appeal No.840 of 1988, reported in 1994 (5) SCC 129 in the
case of M/s. B.C.C.L. vs. State of Bihar and another.
Learned counsel for the petitioner, Mr. Anoop Kumar Mehta has further
submitted, that co-ordinate Bench of this Court has granted time to the State to
file its progress report at regular intervals in terms of order no.11 dated
24.04.2018 as well as orders passed by this Court on 16.11.2021 and 01.12.2021,
but nothing has been done by the respondents-State.
Learned counsel for the respondents-State, Mr. Deepankar, AC to AG has
prayed for two weeks time so as to assist this Court properly.
It appears that higher authorities are not being informed about the order
passed by this Court or they are reluctant in compliance of the order.
Under the aforesaid circumstances, two weeks time is granted to the
respondents-State to file reply, as prayed by learned counsel for the State.
Post this case immediately after two weeks.
Let a copy of this order be communicated to the office of learned Advocate
General, Jharkhand, the Chief Secretary, Government of Jharkhand, the Principal
Secretary, Department of Home, Jail & Disaster Management, Government of
Jharkhand and the Law Secretary, State of Jharkhand through FAX or E-mail at
once.
(Kailash Prasad Deo, J.)
R.S.
