Jharkhand HC upholds 1961 land acquisition for Pathardih coal washery, dismisses plea for return of land
SUMAN K SHRIVASTAVA Ranchi, July 23: The Jharkhand High Court has dismissed a writ petition filed by landowners seeking the return of…
SUMAN K SHRIVASTAVA
Ranchi, July 23: The Jharkhand High Court has dismissed a writ petition filed by landowners seeking the return of agricultural land acquired more than six decades ago for the Pathardih Coal Washery in Dhanbad, holding that the acquisition was completed in accordance with law, compensation had been paid, and there was no evidence that the land had been illegally transferred to a private company.
Delivering the judgment on July 21, Justice Sanjay Kumar Dwivedi held that the land acquisition proceedings initiated in 1960-61 were conducted after following the statutory procedure under the Land Acquisition Act, 1894. The court found no legal basis to interfere with the acquisition or direct restoration of the land to the petitioners.
The petitioners, legal heirs of the original landowners from Kultar village in Dhanbad, had challenged the acquisition of over 200 acres of land, claiming that their ancestors received meagre compensation without rehabilitation benefits. They also alleged that a substantial portion of the acquired land remained unused and that Bharat Coking Coal Limited (BCCL) had unlawfully transferred part of it to a private company, Monet Ispat and Energy Limited.
The High Court observed that the petitioners themselves had admitted in their pleadings that compensation was received after the acquisition. It also noted that records produced by the State established that awards had been passed and compensation disbursed in 1963, contradicting the petitioners’ argument that no valid award existed.
Justice Dwivedi further held that the acquisition was not made under the emergency provisions of Section 17 of the Land Acquisition Act, as claimed by the petitioners. Instead, notifications under Sections 4 and 5A were issued, objections were invited, and the statutory procedure was duly followed before acquisition.
No illegal transfer to private company
Rejecting allegations that BCCL had transferred the acquired land to Monet Ispat and Energy Limited, the court accepted BCCL’s stand that no ownership rights had been transferred. It held that the company had merely been awarded a contract for building, operating and maintaining the Pathardih Coal Washery under the Build, Operate and Maintain (BOM) model.
The court also observed that both Steel Authority of India Limited (SAIL) and BCCL are public sector undertakings, and therefore the petitioners’ reliance on Supreme Court rulings relating to transfer of acquired land to private entities was misplaced.
Rent receipts do not establish ownership
Justice Dwivedi ruled that the rent receipts relied upon by the petitioners could not establish ownership or title over the land. Referring to an earlier Division Bench judgment, the court reiterated that rent receipts are fiscal documents and do not confer proprietary rights over acquired land.
The court further relied on the Constitution Bench judgment in Indore Development Authority vs Manohar Lal, observing that once compensation has been paid, concluded land acquisition proceedings cannot be reopened merely on technical grounds or after an inordinate delay.
Unused acquired land need not revert to original owners
Addressing the plea for return of allegedly unused land, the High Court cited the Supreme Court’s ruling in State of Kerala vs M. Bhaskaran Pillai, which held that land acquired for a public purpose does not automatically revert to the original owners if the original purpose has been fulfilled. Instead, such land may be utilised for another public purpose or disposed of through public auction where appropriate.
The court also held that the provisions of the Chotanagpur Tenancy Act could not invalidate an acquisition lawfully completed under the Land Acquisition Act after compensation had been paid.
Finding no merit in the challenge, the High Court dismissed the writ petition and disposed of all pending interlocutory applications.
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