1 fa1348.09
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
(1) FIRST APPEAL NO.1348/2009
Western Coalfields Ltd.,
through Chief General Manager,
Wani North Area, Bhallar Township,
Tq. Wani, Distt. Yavatmal. ..Appellant.
(Ori. Respondent On .R.A.)
..V/s..
Rangnath S/o Laxman Asutkar,
aged about 30 Yrs., Occu. Agriculturist,
R/o Gowari, Tq. Wani, Distt. Yavatmal. ..Respondent.
(Ori. Applicant on R.A.)
(2) FIRST APPEAL NO.1342/2009
Western Coalfields Ltd.,
through Chief General Manager,
Wani North Area, Bhallar Township,
Tq. Wani, Distt. Yavatmal. ..Appellant.
(Ori. Respondent On .R.A.)
..V/s..
Gangubai Wd/o Sambhashiv Madavi,
aged about 60 Yrs., Occu. Agriculturist,
R/o Gowari, Tq. Wani, Distt. Yavatmal. ..Respondent.
(Ori. Applicant on R.A.)
(3) FIRST APPEAL NO.1334/2009
Western Coalfields Ltd.,
through Chief General Manager,
Wani North Area, Bhallar Township,
Tq. Wani, Distt. Yavatmal. ..Appellant.
(Ori. Respondent On .R.A.)
..V/s..
Wasudeo S/o Sambhashiv Madavi,
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aged about 35 Yrs., Occu. Agriculturist,
R/o Gowari, Tq. Wani, Distt. Yavatmal. ..Respondent.
(Ori. Applicant on R.A.)
(4) FIRST APPEAL NO.1340/2009
Western Coalfields Ltd.,
through Chief General Manager,
Wani North Area, Bhallar Township,
Tq. Wani, Distt. Yavatmal. ..Appellant.
(Ori. Respondent On .R.A.)
..V/s..
Vithabai W/o Baban Turankar,
aged about 60 Yrs., Occu. Agriculturist,
R/o Gowari, Tq. Wani, Distt. Yavatmal. ..Respondent.
(Ori. Applicant on R.A.)
(5) FIRST APPEAL NO.1338/2009
Western Coalfields Ltd.,
through Chief General Manager,
Wani North Area, Bhallar Township,
Tq. Wani, Distt. Yavatmal. ..Appellant.
(Ori. Respondent On .R.A.)
..V/s..
Arun S/o Janardhan Nagture,
aged about 45 Yrs., Occu. Agriculturist,
R/o Gowari, Tq. Wani, Distt. Yavatmal. ..Respondent.
(Ori. Applicant on R.A.)
(6) FIRST APPEAL NO.1337/2009
Western Coalfields Ltd.,
through Chief General Manager,
Wani North Area, Bhallar Township,
Tq. Wani, Distt. Yavatmal. ..Appellant.
(Ori. Respondent On .R.A.)
..V/s..
Shakuntala W/o Bapurao Jivtode,
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aged about 60 Yrs., Occu. Agriculturist,
R/o Gowari, Tq. Wani, Distt. Yavatmal. ..Respondent.
(Ori. Applicant on R.A.)
(7) FIRST APPEAL NO.1336/2009
Western Coalfields Ltd.,
through Chief General Manager,
Wani North Area, Bhallar Township,
Tq. Wani, Distt. Yavatmal. ..Appellant.
(Ori. Respondent On .R.A.)
..V/s..
Gosai S/o Kashinath Bobade,
aged about 48 Yrs., Occu. Agriculturist,
R/o Gowari, Tq. Wani, Distt. Yavatmal. ..Respondent.
(Ori. Applicant on R.A.)
(8) FIRST APPEAL NO.1333/2009
Western Coalfields Ltd.,
through Chief General Manager,
Wani North Area, Bhallar Township,
Tq. Wani, Distt. Yavatmal. ..Appellant.
(Ori. Respondent On .R.A.)
..V/s..
Chandrabhaga Wd/o Janardhan Nagture,
aged about 62 Yrs., Occu. Agriculturist,
R/o Gowari, Tq. Wani, Distt. Yavatmal. ..Respondent.
(Ori. Applicant on R.A.)
(9) FIRST APPEAL NO.1335/2009
Western Coalfields Ltd.,
through Chief General Manager,
Wani North Area, Bhallar Township,
Tq. Wani, Distt. Yavatmal. ..Appellant.
(Ori. Respondent On .R.A.)
..V/s..
Vachhala W/o Mukunda Dethe,
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aged about 50 Yrs., Occu. Agriculturist,
R/o Gowari, Tq. Wani, Distt. Yavatmal. ..Respondent.
(Ori. Applicant on R.A.)
(10) FIRST APPEAL NO.1339/2009
Western Coalfields Ltd.,
through Chief General Manager,
Wani North Area, Bhallar Township,
Tq. Wani, Distt. Yavatmal. ..Appellant.
(Ori. Respondent On .R.A.)
..V/s..
Mohan S/o Karnuji Askar,
aged about 48 Yrs., Occu. Agriculturist,
R/o Gowari, Tq. Wani, Distt. Yavatmal. ..Respondent.
(Ori. Applicant on R.A.)
(11) FIRST APPEAL NO.1341/2009
Western Coalfields Ltd.,
through Chief General Manager,
Wani North Area, Bhallar Township,
Tq. Wani, Distt. Yavatmal. ..Appellant.
(Ori. Respondent On .R.A.)
..V/s..
Laxman S/o Shamrao Asutkar,
aged about 60 Yrs., Occu. Agriculturist,
R/o Gowari, Tq. Wani, Distt. Yavatmal. ..Respondent.
(Ori. Applicant on R.A.)
(12) FIRST APPEAL NO.1343/2009
Western Coalfields Ltd.,
through Chief General Manager,
Wani North Area, Bhallar Township,
Tq. Wani, Distt. Yavatmal. ..Appellant.
(Ori. Respondent On .R.A.)
..V/s..
Anil S/o Gosai Bobade,
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aged about 48 Yrs., Occu. Agriculturist,
R/o Gowari, Tq. Wani, Distt. Yavatmal. ..Respondent.
(Ori. Applicant on R.A.)
(13) FIRST APPEAL NO.1344/2009
Western Coalfields Ltd.,
through Chief General Manager,
Wani North Area, Bhallar Township,
Tq. Wani, Distt. Yavatmal. ..Appellant.
(Ori. Respondent On .R.A.)
..V/s..
Warlu S/o Ramchandra Kharwade,
aged about 51 Yrs., Occu. Agriculturist,
R/o Gowari, Tq. Wani, Distt. Yavatmal. ..Respondent.
(Ori. Applicant on R.A.)
(14) FIRST APPEAL NO.1345/2009
Western Coalfields Ltd.,
through Chief General Manager,
Wani North Area, Bhallar Township,
Tq. Wani, Distt. Yavatmal. ..Appellant.
(Ori. Respondent On .R.A.)
..V/s..
Tukaram S/o Vithoba Dethe,
aged about 60 Yrs., Occu. Agriculturist,
R/o Gowari, Tq. Wani, Distt. Yavatmal. ..Respondent.
(Ori. Applicant on R.A.)
(15) FIRST APPEAL NO.1346/2009
Western Coalfields Ltd.,
through Chief General Manager,
Wani North Area, Bhallar Township,
Tq. Wani, Distt. Yavatmal. ..Appellant.
(Ori. Respondent On .R.A.)
..V/s..
Balaji S/o Narayan Dethe,
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aged about 62 Yrs., Occu. Agriculturist,
R/o Gowari, Tq. Wani, Distt. Yavatmal. (..Dead)
L.Rs. of respondent.
1A. Ashok S/o Balaji Dethe.
1B. Suresh Balaji Dethe.
1C. Smt. Sajjubai Wd/o Balaji Dethe,
All R/o Gowari, Tah. Wani,
Distt. Yavatmal.
1D. Smt. Manda W/o Shankar Dauagharkar,
R/o Pimpari, Tq. and Distt. Yavatmal.
1E. Smt. Kunda Ramesh Belekar,
R/o Pedur, Tq. and Distt. Yavatmal. ..Respondent.
(Ori. Applicant on R.A.)
(16) FIRST APPEAL NO.1347/2009
Western Coalfields Ltd.,
through Chief General Manager,
Wani North Area, Bhallar Township,
Tq. Wani, Distt. Yavatmal. ..Appellant.
(Ori. Respondent On .R.A.)
..V/s..
Gosai S/o Kashinath Bobade,
aged about 48 Yrs., Occu. Agriculturist,
R/o Gowari, Tq. Wani, Distt. Yavatmal. ..Respondent.
(Ori. Applicant on R.A.)
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Shri S.C. Mehadia, Advocate for the appellant. ..(in all appeals)
Shri O.W. Gupta, Advocate for the respondent. ..(in all appeals)
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CORAM : Z.A.HAQ, J.
DATED : 20.10.2016.
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ORAL COMMON JUDGMENT
1. Heard Shri S.C. Mehadia, Advocate for the appellant and Shri O.W.
Gupta, Advocate for the respondent.
2. As all these appeals raise common questions of law, the appeals are disposed by common judgment.
3. The appellant has challenged the awards passed by the Special Tribunal constituted under Section 14(2) of the Coal-Bearing Areas (Acquisition and Development) Act, 1957 (for short "Act of 1957") directing the appellant to pay interest under Section 17(3) of the Act of 1957 on the amount paid by the appellant to the respective respondents in the appeals for getting the lands vacated from the respective respondents.
4. By notification under Section 9 of the Act of 1957 published on 10 th February, 1990 Survey No.9/1 owned by Shri Namdeo Bobade and Survey No.9/2 owned by Nandkishor Mahadeo Bobade were acquired. After completing the necessary formalities, the amount of compensation was paid to Shri Namdeo Bobade and Shri Nandkishor Bobade. According to the appellant, the acquired lands could not be utilized and were lying vacant. In 1993, village Gowari, where the lands are situated, was flooded by Wardha river and taking ::: Uploaded on - 25/10/2016 ::: Downloaded on - 26/10/2016 00:23:28 ::: 8 fa1348.09 advantage of the situation, some villagers including the present respondents, encroached on the acquired lands and unauthorizedly constructed structures.
Later on when the appellant tried to get the lands vacated, the encroachers, including the appellants, resisted and, therefore, the appellant got the lands vacated by paying amount as per the Rehabilitation Policy of Coal India Limited. After the amount as per the Rehabilitation Policy was paid to the respondents, they filed applications under Section 14(2) read with Section 17(2) of the Act of 1957 praying for enhanced amount of compensation. The Special Tribunal, by the impugned order, has dismissed the claim of the respondents for enhanced amount of compensation, however, has directed the appellant to pay interest as per Section 17(3) of the Act of 1957. The appellant being aggrieved by the awards, has filed these appeals.
5. The learned Advocate for the appellant has submitted that the amount which was paid to the respondents in the respective appeals was not towards compensation for compulsory acquisition of land but was as per Rehabilitation Policy of Coal India Limited and, therefore, the respondents had no right to file applications under Section 14(2) read with Section 17(2) of the Act of 1957 and the claims of the respondents were not maintainable before the Special Tribunal as the respondents were not owners of the land. It is submitted that the Special Tribunal has committed an error in holding that the applications filed by respondents were maintainable and it had the jurisdiction ::: Uploaded on - 25/10/2016 ::: Downloaded on - 26/10/2016 00:23:28 ::: 9 fa1348.09 to decide the applications.
The learned Advocate for the respondents has supported the impugned awards. It is submitted that the respondents occupied the lands in question and for loosing the possession and their structures constructed with the aid received from the Government on the lands in question, the respondents were entitled for compensation and as the compensation was not paid within time, the Tribunal has rightly granted interest under Section 17(3) of the Act of 1957. It is prayed that the appeals be dismissed.
6. After hearing, the following points arise for consideration:
(i) Whether the Special Tribunal had jurisdiction to entertain and decide the applications filed by the respondents under Section 14(2) read with Section 17(2) of the Act of 1957 ?
(ii) Whether the awards challenged in the appeals are sustainable ?
7. I will deal with the point No.2 first. The documents on record show that Shri Namdeo Bobade and Shri Nandkumar Bobade were owners of Field Survey No.9/1 and 9/2 when the notification under Section 9 of the Act of 1957 was published on 10th February, 1990. The appellant has brought on record sufficient evidence to show that the amount of compensation for acquisition of Field Survey No.9/1 and 9/2 was paid to Shri Namdeo Bobade and Shri Nandkishor Bobade.
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8. The provisions of the Act of 1957 cannot be invoked by persons like the respondents, who are not the owners of lands in question, and such persons are not entitled for compensation under the Act of 1957. As the respondents are not entitled for compensation, they are not entitled for interest on the amount of compensation as granted by the Special Tribunal. The amount paid to the respondents as per the Rehabilitation Policy of Coal India Limited cannot be treated on par with the amount of compensation payable under the Act of 1957. The Special Tribunal has failed to appreciate these aspects and has wrongly concluded that the respondents are entitled for ::: Uploaded on - 25/10/2016 ::: Downloaded on - 26/10/2016 00:23:28 ::: 11 fa1348.09 interest under Section 17(3) of the Act of 1957. Therefore, the impugned awards are unsustainable and have to be set aside.
In view of the above conclusions, in my view, the point No.1 is not required to be dealt with in these appeals.
9. Hence, the following order:
(i) The impugned awards are set aside.
(ii) The appeals are allowed.
(iii) As I find that the respondents made untenable claims, each of the
respondent shall pay costs of Rs.5,000/- (Rs. Five Thousand Only) to the appellant within two months.
(iv) The amount deposited by the appellant be given to the appellant with interest on it.
JUDGE Tambaskar.
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