HUKUMCHAND Vs. CHIEF GENERAL MANAGER, WESTERN COALFIELDS LIMITED

JUDGEMENT

(1.) Both the appeals are preferred against the judgment and order passed by the Special Tribunal constituted under Sec. 14 (2) of the Coal Bearing Areas (Acquisition and Development) Act, 1957 (for short 'the Act of 1957') dtd. 04/04/2014, by which the original Non-applicant No.3 was declared to be rightful owner to receive the amount of compensation.

(2.) The brief facts which are necessary for the disposal of the appeals are as under:

(3.) The notice issued to original Non-applicant No.1 Prakash Deorao Patil was received unserved with endorsement as dead. The applicant has not brought on record, the legal heirs of the deceased non-applicant. As the applicant has not taken any steps to serve the non-applicant Nos. 2 and 3. The matter was kept on dormant file. On 11/03/2013, the non-applicant No.3 approached to the Special Tribunal. The legal heirs of the deceased non- applicant No.1 - Prakash Deorao Patil are also brought on record and notices were issued to all the Non-applicants. The non- applicant Nos.1(a) and 1(b) who are the legal heirs of the Prakash Deorao Patil filed their reply and contended that the Civil Judge, Junior Division, Nagpur passed a decree in Special Civil Suit No.172/1995 for specific performance of the contract and as per this decree, non-applicant No.3 is entitled to the possession of the said land but not entitled for the compensation amount. It is further contended that Execution Case No. 23/2012 filed by Non- applicant No.3 against them is still pending before the Civil Judge, Junior Division, Kamptee, in which Non-applicant No.3 claimed possession of the acquired land. According to them, they are entitled for the compensation. They have also filed the Writ Petition No.1555/2008 before this Court and therefore, the decree passed in favour of non-applicant No.3 has not become final.