UNION OF INDIA Vs. BORREA COAL CO LTD

JUDGEMENT

(1.) All these five appeals have been heard together and are being disposed of by this common judgment. They are appeals under Section 20 of the Coal Bearing Areas (Acquisition and Development) Act, 1957 -- hereinafter referred to as 'the Act' against awards of the Tribunal constituted under Section 14 (2) of the said Act. Miscellaneous Appeal Nos. 177, 183 and 184 of 1964 are against the award made in Reference Case No. 1 of 1960 and Miscellaneous Appeal Nos. 180 and 182 of 1964, are against the award made in Reference Case No. 1 of 1961. Miscellaneous Appeal Nos. 177 and 180 of 1964 are by the Union of India through the National Coal Development Corporation Limited. Miscellaneous Appeal Nos. 182 and 184 of 1964 are by M/s. Karanpura Development Company Limited, (hereinafter referred to as the 'Karanpura Company'). Miscellaneous Appeal No. 183 of 1964 is by M/s. Borrea Coal Company Limited (hereinafter referred to as the Borrea Company). The Borrea Company is a sub-lessee from the Karanpura Company.

(2.) Facts relevant for the disposal of these appeals, which are not in dispute, may briefly be stated on 26th of March, 1915, the proprietor of the Ramgarh Estate, acting through the Court of Wards, granted a prospecting licence of coal mining rights in respect of the areas in dispute in favour of M/s. Bird and Company with option to the said company to acquire mining lease from the proprietor. The terms of the license were modified by another deed dated 23rd of November, 1917. In May, 1921, M/s. Bird and Company assigned their said right to the Karanpura Company. There was a litigation between Karanpura Company and the proprietor of Ramgarh Estate, Pending the said litigation, on the 17 of June, 1948, the proprietor of the said estate granted a lease of mining rights in 3,228 bighas of land in village Bachra to the Karanpura Company for a term of 999 years effective from 5th of September, 1945. The Karanpura Company in their turn granted a sub-lease of mining rights in respect of the said property in favour of the Borrea Company on the 29th of April, 1948, for the said period of 999 years less two days effective from 20th of December, 1946. On 25th of September, 1950, the Bihar Land Reforms Act (Bihar Act 30 of 1950) came into force and in consequence of a notification under Section 3 of that Act, the intermediary interest of the proprietor of Ramgarh Estate including his interest in all sub-soil together with rights in Mines and minerals, whether discovered or undiscovered or whether being worked or not with such rights of a lessee of mines and minerals, vested in the State of Bihar free from all encumbrances. By a Notification No. SRO 20 dated 8th of February, 1958, published by the Central Government under Section 9 (1) of the Act, mining rights in the aforesaid 3,228 bighas of land were acquired. Determination of the amount of compensation for this acquisition was and is the subject-matter of Reference Case No. 1 of 1960 and of Miscellaneous Appeal Nos. 177, 183 and 184 of 1964.

(3.) By an earlier notification D/- 15th of January, 1958, No. SRO 252 published by the Central Government under Section 9 (1) of the Act. mining rights in 987.74 bighas of land in village Saunda and other lands of the said village and villages Giddi and Karkatta were acquired. Determination of the amount of compensation payable under the Act in respect of acquisition of 987.74 bighas of lands in village Saunda was and is subject-matter of Reference No. 1 of 1961 and of Miscellaneous Appeal Nos. 180 and 182 of 1964. The 987.74 bighas of land was part of 1147 bighas of land in village Saunda, mining rights wherein were granted to the Karanpura Company by the proprietor of the Ramgarh Estate during the pendency of the litigation already referred to, by another lease dated the 17th of June, 1948.