GOVT OF INDIA Vs. RAJA SOUBHAGYA CHANDRA DEV

JUDGEMENT

(1.) This is an appeal under S.20 of the Coal Bearing Areas (Acquisition and Development) Act, 1957 (in short 'the Act').

(2.) On 4-7-1970, notification bearing No. S.O. 2401 was issued under S.4(1) of the Act by the Central Government being notice of its intention to acquire 9.34 acres of land with 224 trees of the respondent in Khata No. 89 of Talcher town in several plots. S.4(1) requires the notification in the official gazette. However, the record of the Tribunal does not disclose the date of publication of the notification in the official gazette. Some time after this notification, a declaration of acquisition was issued under S.9 of the Act bearing No. S.O. 3347 dated 16-9-1972. Although Sub-Sec. (2) of S.9 requires the declaration to be published in the official gazette, the date of such publication is not found from the record of the Tribunal.

(3.) On 14-2-1980, the Deputy Chief (Revenue), C.C.L., Ranchi, intimated the Tribunal constituted under S.14(2) of the Act that a dispute as to the adequacy of the amount of compensation payable for acquisition has arisen between the Central Government and the respondent. This was received by the Tribunal on 2-6-1980 and was registered as Tribunal Case No. 4 of 1980. Notice was issued to the respondent to file written statement in support of his claim on 17-7-1980 and information was issued to the Central Government to appear. The respondent filed objection to the amount offered. The appellant filed a rejoinder to this objection. Respondent examined himself as P.W. 1 and appellant examined one of its employees as O.P.W. 1. The Tribunal determined the just compensation to be Rs. 17,372.40 paise. It directed 15% extra on the total compensation for compulsory acquisition and 5% interest under S.17(3) of the Act. Aggrieved by the award, this appeal has been preferred.