MAHANADI COALFIELDS LTD Vs. CLAIMS COMMISSION

JUDGEMENT

(1.) The petitioner Mahanadi Coalfields Ltd. (in short 'the petitioner company') has filed the writ petition i.e. W.P.(C) No.15569 of 2019 seeking for a direction to quash the compensation roll under Annexure-3 and the impugned order dated 19.08.2016 passed by the learned Claims Commission, Bhubaneswar in Civil (Misc.) Case No.342 of 2016 under Annexure-6 in rejecting the petition filed by the petitioner company for recalling/modifying the order of the Commission passed in Claim Case No. 09 of 2013 which was taken into account by the Commission while recommending the compensation roll prepared by the petitioner company to the Hon'ble Supreme Court for its approval and the same was approved by Hon'ble Court vide order dated 17.10.2014 in SLP (C) No. 6933 of 2007.

(2.) From the factual backdrop of both the cases, it appears that the petitioner company is a subsidiary of Coal India Ltd. incorporated under the Companies Act, 1956 having its registered office at Jagriti Vihar, Burla in the district of Sambalpur and it is carrying out mining activities of coal in different areas of Odisha such as Basundhara-Garjanbahal, Orient Area Lakhanpur etc. The Claims Commission (opposite party no.1) was constituted in pursuance of the order dated 19.07.2010 passed in SLP (C) No.6933 of 2007 by the Hon'ble Supreme Court of India in the case of Mahanadi Coalfields Ltd. -Vrs.- Mathias Oram and others , 2010 11 SCC 269. The petitioner company preferred I.A. No.38 of 2016 against the common issue/order of the learned Claims Commission in respect of the present cause of action before the Hon'ble Supreme Court in the aforesaid SLP (C) No.6933 of 2007 in the case of Mahanadi Coalfields Ltd. (supra) and the Hon'ble Supreme Court while disposing of the Special Leave Petition vide its order dated 10.07.2017, directed this Court to consider the aforesaid I.A. along with other interim applications which were pending against the orders of the learned Claims Commission. Accordingly I.A. Nos. 40 of 2016, 42 of 2016, 47316 of 2017, 53662 of 2017, 53656 of 2017 and 47966 of 2017 were listed before this Court on 19.01.2018 and liberty was granted to the petitioner company to file separate writ petitions assailing the orders of Claims Commission and accordingly the present writ petitions have been filed.

(3.) The Central Government issued a preliminary notification under section 4(1) of the Coal Bearing Areas (Acquisition and Development) Act, 1957 (hereafter '1957 Act') on 13.11.1984 and 24.07.1987 giving notice of its intention to prospect for coal in different revenue villages in the district of Sundargarh. Thereafter, notification under section 7(1) of the 1957 Act was issued with an intention to acquire the lands on 27.05.1987 in respect of village Sardega (Ac.860.18) (Full), Gopalpur (part) (Ac.3060.22), Jhupurunga (Ac.1862.78 (Full), Ratnansara (Ac.1849.75) (Full) and on 26.09.1989 in respect of village Tikilpara (Ac.1743.85) (Full), Bankibahal (Ac.836.33-Full), Balinga (1234.64-Full), Kulda- Ac.542.82-(Full), Siarmal (Ac.862.34-Full), Tumulia (Ac.2381.32-Full), Lalma (RF) (Ac.420.00-Full), Garjanbahal (Ac.798.35-Full), Bangurkela (Ac.1055.96-Full), Karlikachhar (Ac.511.94-Full), Gopalpur(P) (Ac.140.67-part) and Kiripsira (Ac.1681.11- Full) in the district of Sundargarh. In pursuance of the aforesaid notification under section 7(1), declaration of acquisition under section 9(1) of the 1957 Act was made on 10.07.1989 and 29.10.1990 respectively in respect of the aforesaid villages. Thereafter the notified lands along with all rights therein vested absolutely in the petitioner company in pursuance of the notification dated 13.09.1990 and 30.03.1993 respectively under section 11(1) of the 1957 Act.