NARESH SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioners in WP No. 13561 of 2005 are Sarpanch and Up - Sarpanch of Gram Panchayats in Anuppur District of State of Madhya Pradesh and the petitioners in other writ petitions are all owners of land in Kotma Tahsil, District Anuppur which have been acquired by the State Government for the South Eastern Coal - fields Limited. The petitioners have filed these writ petitions under Art. 226 of the Constitution of India challenging the acquisition of land in Kotma Tahsil for mining of coal by the South Eastern Coal - fields Limited (for short 'SECL') under the Land Acquisition Act, 1894.

(2.) THE relevant facts for disposal of these writ petitions briefly are that on 30th March, 1994, the Central Government in exercise of its powers under sub-section (1) of S.4 of the Coal Bearing Areas (Acquisition and Development) Act, 1957 (for short 'the 1957 Act') gave notice of its intention to prospect for coal in 3412.610 hectares of land in Kotma Tahsil described in the schedule to the notification. Thereafter, by notification dated 6th February, 1996, the Central Government in exercise of its powers under sub-section (1) of S.4 of the 1957 Act gave notice of its intention to acquire the rights to mine, quarry, bore, dig and search for, win, work and carry away minerals in the lands measuring 3407.408 hectares. By notification dated 6th February, 1996, objections to the acquisition of the whole or any part of the land or any rights over the land were invited in writing. On 4th February, 1997, the Central Government issued a notification stating therein that after considering the report of the Competent Authority and after consulting the Government of Madhya Pradesh, it was satisfied that the rights to mine, quarry, bore, dig and search for, win, work and carry away the minerals in the lands measuring 3407.408 hectares approximately described in the Schedule to the notification should be acquired. Accordingly, in exercise of its powers under sub-section (1) of S.9 of the 1957 Act, the Central Government declared by notification dated 24th June, 1998 that the rights to mine, quarry, bore, dig and search for, win, work and carry away the minerals in the lands measuring 3407.408 hectares are acquired. The rights in and over the aforesaid land acquired by the Central Government were thereafter vested in the SECL by an order issued by the Central Government under sub-section (1) of S.11 of the 1957 Act, subject to the terms and conditions mentioned in the aforesaid order dated 24th June, 1998.

(3.) MR . P.S. Nair, learned Senior Counsel appearing for the SECL, raised a preliminary issue regarding the locus standi of the Sarpanch and Up - Sarpanch to file WP No. 13561 of 2005 challenging the acquisition of land when the owners of the land acquired could challenge the acquisition, but as the owners have also filed separate writ petitions challenging the acquisition which are being decided by this order, we do not think it necessary to decide this academic issue.