DADAJI RAGHOBAJI YENURKAR Vs. WESTERN COALFIELDS

JUDGEMENT

(1.) THESE appeals are by the land owners of their respective properties, which were acquired by common notification dated 10-4-1975, being dissatisfied with the award of compensation dated 28-7-1988, by the Special Tribunal, constituted under section 14 (2) of the Coal Bearing Areas, Acquisition and Development Act, 1957 (hereinafter referred to as 'coal Bearing Act' ). FACTS:

(2.) THE respondent is a Company duly registered under the Indian Companies act, and a Subsidiary of Coal India Limited, a government of India undertaking, deals in Coal mines. The Coal Bearing Act, governs the present proceedings. The scheme of the Coal bearing Act, itself gives the procedure for acquiring the lands for respective purposes. There is no specific reference or section as provided under the Act, whereby the provisions of the Land Acquisition Act has been incorporated, accepted or concerned for such acquisition. It appears from the claim itself that this Coal Bearing Act is a self contained code for the purpose of acquisition of land for the various purposes, as per the scheme of the act. There is no reference made of any Act on the provision of this Coal Bearing Act, in so far as acquisition, procedure and its practice. Therefore, after issuance of notification under section 4 (1) of the Act, dated 16-4-1975, and after completing the formalities of taking the possession of the land, another notification under section 9 (i) of the Coal Bearing Act, was issued by beat of drums. Possession was taken of the respective lands. As per the provisions applicable under the Coal Bearing Act, for the purpose of valuation, the lands were divided in four groups namely (1) Wawari, (2) Rainfed, (3) Irrigated, and (4) Non cultivated. The phrases are also explained as under :

(3.) AS per the provisions of Section 14 (2) of the Coal Bearing Act, a Special tribunal at Nagpur was constituted. It was presided over by Justice M. R. Waikar, (Retired ). The applications under section 14 of the Coal Bearing Act, were preferred by the respective land owners, based on the respective survey nos. of the properties involved. The details in respect of the survey nos. area and the amount of award received, are demonstrated in the table.