SULOCHANI Vs. JIWARANIYA

JUDGEMENT

(1.) This appeal, under Section 20 of Coal Bearing Areas (Acquisition and Development) Act, 1957 (hereinafter referred to as the 'Act'), has been preferred against the order-dated 14.7.03 passed by the Tribunal (constituted under Section 14 of the Act) at Sidhi in Case No. 1/2000, rejecting the claim petition preferred by the appellant for the following reasons-

(2.) Thus, all the powers of a Civil Court under the Code of Civil Procedure are not exercisable by the Tribunal. Obviously, the Tribunal does not possess the power, under Order 7 Rule 11 of the Code of Civil Procedure, to reject the claim at the threshold on any of the grounds mentioned therein or to dismiss a case for default of appearance of a party. (Sheo Shankar Jaiswal v. Govt. of India, 1981 MPLJ 46 referred to).

(3.) Moreover, any provision prescribing limitation for filing claim petition would be inapplicable in view of the fact that no amount of compensation has been disbursed to the appellant. For these reasons, the appeal is allowed and the impugned order is hereby set aside. The matter is remanded to the Tribunal for deciding the claim petition on merits, in accordance with law.