AMALGMATED COAL FIELDS LTD Vs. COLLECTOR, CHHINDWARA

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution to call up and quash by certiorari two orders one passed by the Sub Divisional Officer, Chhindwara, on 3 October 1961 whereby, under Section 247(4) of the Madhya Pradesh Land Revenue Code of 1959, he awarded Rs. 1,812/ - as compensation to Mst. Bhano and the other passed by the Collector on 19 March 1962 by which he dismissed the Petitioner's appeal against the earlier order. The Petitioner has also prayed for a writ of mandamus interdicting the enforcement of the award of compensation.

(2.) THE Petitioner holds a lease of village Datta Badhi to mine coal from the sub soil. In the year 1953, the Petitioner carried out in the mine what are called depillaring operations without entering on the surface of the land held by Mst. Bhano. On 7 January 1958, Mst. Bhano made an application under section 228 of the Madhya Pradesh Land Revenue Code, 1954, for compensation for the damage caused to her house, well, fields and crops resulting from the aforesaid depillaring operations. In answer, while denying that the damage, if any, was attributable to the de -pillaring operations carried out in the mine about five years before 1958, the Petitioner stated that Section 228 of the Code of 1954 did not apply to the claim and the Revenue Courts had no jurisdiction to deal with the matter. Overruling this contention, the Sub -Divisional Officer made the impugned order dated 3 October 1961 and, as already indicated, the Collector dismissed the Petitioner's appeal against that order.