SHYAMLAL AGRAWAL Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) THIS is an appeal under section 20 of the Coal Bearing Areas (Acquisition and Development) Act, 1957 (for short 'the Act') against the award, dated 15.10.1985, passed in Reference Case No.1 of 1981 and 58 of 1982 by Shri Prakash Mehta, the Claims Tribunal (District Judge, Bilaspur) a Part -time Tribunal for Madhya Pradesh.

(2.) FACTS giving rise to this appeal are these: A notification under section 4(1) of the Act was published in official gazette on 27.12.1963 by the Central Government being notice of its intention to acquire the appellant's 3.75 acres of land a part of Khasra No. 659/10, situated in village Mohri, P.C. No. 127, Bijuri, Tehsil Sohagpur, District Shahdol. Notification under section 7(1) was issued on 1.12.1965, a declaration of acquisition under section 9(1) of the Act was made and published in the official gazette on 11.1.1968 and possession of the land was taken in May 1968. Of the land acquired under section 9 of the Act, compensation of Rs.1218.75 paise was assessed under section 13(5) of the Act by the Central Government for its payment to the appellant which was accepted by him under protest. The appellant preferred his claim on 23.7.1968 in proforma wherein he claimed a compensation of Rs.2,90,000/ - for the land acquired and loss of crops at the rate of Rs.6,000/ - per year till the payment of compensation is not made since 1963 and also the damage caused to the building and trees Rs. 63,000/ - and interest on total amount at the rate of 12 per cent per annum till the payment of compensation and the costs. The term of the constituted Tribunal expired on 30th September, 1973 and the Part -time Tribunal was reconsituted by the Central Government for disposal of the claim under section 14(2) of the Act, the appellant filed his claim on 29.4.1981 to claim compensation of Rs. 4 lacs. The respondent Western Coalfields denied the claim and submitted that only 3.75 acres of land a part of Khasra No. 659/10 and not the total area of that Khasra number 14.15 acres was acquired by the Central Government the fair compensation determined as provided under section 13(5) of the Act was paid to the appellant.

(3.) THE Tribunal discarded the documents of sale Exs.A.15 and A.16 being not registered. The evidence of the land giving two crops and the soil being black soil was disbelieved as no khasra document was produced to prove the quality of the land. The Tribunal relied the evidence of NAW 1 for the fair compensation determined on the basis of statement of fair rate of land per acre acquired by N.C.D.C. Ltd. at village Mahuberi Khurd, Tehsil Sohagpur, District Shahdol issued by the Tehsildar Sohagpur and dismissed the claim of the appellant.