WESTERN COALFIELDS LIMITED Vs. TAHSILDAR, KAMPTEE

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Heard finally with the consent of learned counsel appearing for rival parties.

(2.) All these writ petitions raise a common point for consideration, which pertains to the true scope and interpretation of Sec. 155 of the Maharashtra Land Revenue Code, 1966. The said question is raised specifically in the backdrop of acquisition of lands in question and vesting of such lands in the acquiring body. The petitioner - Western Coalfields Limited (WCL), being the acquiring body, is contending that upon acquisition and vesting of the lands in question, the revenue authorities under Sec. 155 of the said Code cannot exercise jurisdiction to carry out any correction in the revenue record. The impugned orders passed by the Tahsildar have been directly challenged in these writ petitions, despite availability of alternative remedy of appeal, on the ground that the impugned orders have been passed without jurisdiction.

(3.) The brief facts leading to filing of the present writ petitions are that the petitioner - WCL acquired lands of the private respondents i.e. the land owners under the provisions of the Coal Bearing Area (Acquisition and Development) Act, 1957 (hereinafter referred to as "Act of 1957"). The lands belonging to the respondent - land owners were acquired for opening new coal mines and accordingly, Notifications were issued under the Act of 1957, in order to initiate and complete the process of acquisition of lands belonging to the respondent - land owners. The WCL claimed to have acquired the lands and taken possession thereof, at which stage the lands belonging to the respondent - land owners were recorded in the revenue record as non-irrigated lands. This entry in the revenue record did have a crucial bearing on the determination of quantum of compensation, because compensation for irrigated land can be much higher than compensation for non-irrigated land.