NORTHERN COALFIELDS LIMITED Vs. MATA PRASAD

JUDGEMENT

(1.) Leave granted.

(2.) The respondent had obtained a mining lease for a period of three years in respect of an acre of land situated in Village Mahidiya. The period of the lease was to expire on 7/3/1990. This lease had been granted for extraction of limestone. The respondent had installed a stone-crusher for making small boulders from the limestone so extracted. The central government, by notification under Section 4 of the Coal Bearing Areas (Acquisition and Development) Act, 1957 declared its intention to prospect for coal in respect of areas stipulated in the said notification which included the said land over which the respondent had a mining lease. Thereafter, by a declaration dated 10/10/1988, under Section 9 of the said Act, the central government acquired 427 acres of land which included the said land leased to the respondent for the purpose of mining limestone. The appellants offered to the respondent under Section 14, compensation of Rs 1,49,546. Since this was not accepted by the respondent, the matter was referred to the tribunal under Section 14 (2 of the said Act. By impugned judgment and order, the tribunal has granted to the respondent the following amounts:together with interest from 8/11/1990 for a period of Five years at the rate of 5% and thereafter @ 4% till payment.

(3.) The total amount comes to Rs 6,25,562. After giving credit for the amount of Rs 1,49,546.30 received by the respondent, the tribunal directed payment of the balance amount of Rs 4,76,015.64. The tribunal also directed payment of solatium. The direction regarding the payment of solatium has been set aside in appeal by the High court. The High court, however, has confirmed the remaining order.