NORTHERN COALFIELDS LIMITED SINGRAULI Vs. MATA PRASAD

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 25-8-1995 passed in case No. 245/90 by the Tribunal constituted under Section 14(2) of the Act, at Sidhi.

(2.) Facts giving rise to this appeal are thus : The appellant is a Government Company registered under the Companies Act with its head quarter at Singrauli is a coal mining undertaking established for production and sale of coal. The Central Government issued a notification under Section 4(1) of the Act dated 4-5-1988 to acquire plot No. 4 of village Mahdeiya along with other property for its acquisition as it appeared to Central Government that coal is likely to be obtained from the land. A notification of declaration of acquisition of the land admeasuring 427 acres approximately or 172.80 hectares approximately was issued under Section 9 of the Act and published in the official gazette of the Central Government on 10-10-1988. Respondent a lease holder of mining quarry lease of the area of one acre for a period of three years commencing from 8-3-1987 to 7-3-1990 with in option to its renewal was tendered compensation of Rs. 1,49,546.29/- of his area so acquired, but, the respondent did not consent to receive it because of insufficiency of the amount, hence, made a reference of the dispute under Section 17(2) of the Act for making an award on the following claims : @@61.htm@@ In addition to the amount of Rs. 8,75,178.00 the respondent also claimed solatium and interest from the date of issue of notification.

(3.) The appellant denied the claim and submitted that the mining operation of the respondent was not in operation prior to its acquisition. Compensation of Rs. 1,49,546.29 was tendered to the respondent for the construction of foundation and of building, but, the respondent did not receive the payment, hence, the said amount was deposited which was received by the respondent on 21-9-1990.