UNION OF INDIA Vs. MAKLU MAHTO

JUDGEMENT

(1.) These matters have all been taken up for consideration together, since the question of maintainability of these appeals are common and arises out of the same set of facts.

(2.) These appeals arise in respect of judgments and awards passed under the provisions of the Coal Bearing Areas (Acquisition & Development) Act, 1957. The question of maintainability has been raised by the department on account of the provisions of clause 10 of the Letters Patent, whereunder a Second Appeal from a judgment and decree passed in exercise of the appellate jurisdiction in respect of a decree or order is prohibited.

(3.) Appearing in support of the appeals, Mr. Debi Prasad, Senior Advocate, submitted that the provisions of the Coal Bearing Areas (Acquisition & Development) Act, 1957 were in pan materia with the provisions of the Land Acquisition Act, 1894 and that the question of maintainability of a Second Appeal in respect of an order and/or award under the Act had been held to be maintainable up to the Hon'ble Supreme Court.