LAWS(MPH)-1990-7-43

P.P. CHAKRAVARTI Vs. COAL INDIA LTD.

Decided On July 23, 1990
P.P. Chakravarti Appellant
V/S
COAL INDIA LTD. Respondents

JUDGEMENT

(1.) DHAMNARA Coal Field - a coal mine - was owned by a private company. On the passing of the Coal Mines (Taking over of Management) Act, 1973, it came under the management of the Central Government and subsequently on the passing of the Coal Mines (Nationalisation) Act, 1973, this mine vested in the Central Government from 1.5.1973. It then came under the management of the Western Coal Fields Ltd. and later 'under the management of the South East Coal Fields Ltd. (respondent No.3). The petitioners' allegation is that late Smt. Jai Devi, wife of petitioner No.1 was the tenure hold\:r of Khasra Nos. 38/3K, 40, 42/1, 44, 45, 46, 49 and 50, total area being 7.83 acres of village Damnara, district Raigarh. It is further alleged that after the nationalisation of the Coal fields, Coal India Ltd. (respondent No.1) came in possession of 1.275 hectares of land out of the aforesaid land and started mining operations thereon. The land was not acquired. Petitioner No.1 being the employee of the coal mine only pressed for payment of compensation but could not resist the mining operations. Compensation was assured to be paid, but has not been paid to the petitioner so far. They have, therefore, claimed a direction for initiating compensation proceedings for payment of compensation as may be determined. It. appears that they laid claim for payment of compensation before respondent No.3. That claim has been rejected by letter dated 14.7.1987 (Annexure -Q), on the ground that the land in question was being utilised for the purpose of mining between 1974 and 1975 and even before and at the time of nationalisation of the said mine. The petitioners were, therefore, told to lay claim before the commissioner of payment. The petitioners are aggrieved by this action and seek quashing or that letter, apart from claiming directions, as aforesaid.

(2.) THE return in this case has been filed. It is stated therein that although the nationalisation of the mine was done on 1.5.1973, the actual take -over was on 24.8.1974, before which date it was being managed through petitioner No.1 who was employed in the mine. It is stated that the petition is belated and must, therefore, be rejected.

(3.) WHILE the petitioners contend that the land was in possession of the mine owner even before the nationalisation of the mines, the respondents contend that they came in possession at a later date somewhere in the year 1974 -75. We have on record a map (Annexure -G), which is also signed by the manager. The map indicates that 1.275 hectares of land (for which compensation is being claimed) was covered by the quarry No.4 for 'exension and road'. It also indicates that compensation was claimed for it. It was being utilised since 1974. The Western Coal Fields, vide letter dated 28.11.1984 (Annexure -H) communicated to late Smt. Jai Devi that in the opinion of the Western Coal Fields, the land was being utilised by the erstwhile mine owner prior to the nationalisation of the coal mine. However, no definite statement in that regard was made. There thus appears to be some controversy as to the commencement time of actual user of the land for mining purposes. If, therefore, the land has come in occupation of the respondents after nationalisation, as appears from the map (Annexure -G), clearly it is and would be the responsibility of the respondents to pay compensation therefor. On the other hand, if it was in occupation of the erstwhile mine owner, then in accordance with section 3 of the Coal Mines Nationalisation Act, 1973, from the appointed date, i.e., 1.5.1973, 'all right, title and interest' in relation to the said mine shall stand transferred and shall vest absolutely in the Central Government free from all encumbrances. 'Mine' as defined in clause 2(h) of the Nationalisation Act, shall include all lands, buildings, etc., adjacent to a mine and used for the purpose of mine. Since the land in question was being used for the purpose of mine, it must be held to be a 'mine' for the purposes of that Act. If the owner of the mine had any right, title or interest in this land (mine), then that right, title or interest in this land (mine), then that right, title and interest alone shall vest in the Central Government free from all encumbrances. The owner or that coal mine, as a consequence of vesting of mine in the Central Government, was entitled to compensation for his right, title or interest vesting in the Central Government. In that situation alone, the petitioners can be driven to the Commissioner of Payments to share the common pool. There is, however, nothing on record to show that the owner of the coal mine had any right, title or interest in the land in question. The respondents also have not been able to demonstrate the existence of any such right, title or interest in the erstwhile owner of the coal mine in respect of those lands. Even upon the respondents' own showing, the erstwhile owner was in mere occupation of that land but with no right, title or interest therein. It is difficult to hold that such land vested in the Central Government, although the mine vested in the Central Government under the provisions of the Coal Mines Nationalisation Act. This is because what vested in the Central Government by force of section 3 of the Act is 'right, title and interest' of the mine owner. The petitioners, therefore, had no claim to layover the amount of compensation, which the mine owner was entitled to from the Central Government as a consequence of nationalisation of the mine. The petitioners cannot possibly lay hand and claim compensation for the land in question from that amount. There is also nothing on record to show that the land having vested in the Central Government was created as part of Damnara Coal Field.