Bombay High Court
Manjula W/O Ganpati Tajne vs Western Coalfields Ltd. Thr. Its ... on 4 July, 2016
Bench: Prasanna B. Varale
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
FIRST APPEAL NO. 913 OF 2015
APPELLANT : Maroti S/o Ganpati More,
Aged 39 years, Occu. Agriculturist,
R/o Goyegaon, Tah. Rajura,
Dist. Chandrapur.
- VERSUS -
RESPONDENT : Western Coalfields Ltd.,
through its Chief General Manager,
Ballarpur area, Post Sasti,
Tah. Rajura, Dist. Chandrapur.
WITH
FIRST APPEAL NO. 623 OF 2015
APPELLANT : Manjula W/o Ganpati Tajne
Aged 45 years, Occu. Agriculturist,
R/o Goyegaon, Tah. Rajura,
Dist. Chandrapur.
- VERSUS -
RESPONDENT : Western Coalfields Ltd.,
through its Chief General Manager,
Ballarpur area, Post Sasti,
Tah. Rajura, Dist. Chandrapur.
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Mr. A. B. Nazane, Advocate for the appellants.
Mr. Tushar Darda, Advocate for the respondent-WCL.
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CORAM : PRASANNA B. VARALE, J.
DATE : JULY 04, 2016.
ORAL JUDGMENT
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Heard. ADMIT. With the consent of the learned counsel
for the parties, the appeals are taken up for final disposal.
2] By these First Appeals, the appellants/original claimants
have approached this Court challenging the judgment and award, dated
18.02.2015, passed by the Special Tribunal, Nagpur, thereby rejecting
the respective applications filed by the appellants for compensation.
3] By the pursis, dated 20.06.2016, the learned counsel for the
appellants submit that in group of appeals viz. F.A. No. 910/2015 and
other connected appeals, this Court by the judgment and order, dated
27.04.2016 considering the point raised namely the claimants are
entitled to rely upon Government Resolution dated 22.08.2012 for
seeking enhancement in compensation, remitted the matters back to the
Special Tribunal to decide the proceedings in accordance with law and
in the light of the observations of this Court. The learned counsel for
the appellants submitted that the present appeals are also connected
appeals in the group of F.A. No.910/2015 and others, but the same
were not listed before the Court when the judgment and order dated
27.04.2016 was passed. As the issue involved in the present appeals is
covered and considered by this Court by the judgment and order dated
27.04.2016, the present appeals be also decided and disposed of on the
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similar lines, is the submission of the learned counsel for the appellants.
4] Mr. Darda, the learned counsel for the respondent fairly
submitted that the statement made by the learned counsel for the
appellants and the facts stated in the pursis are in consonance with the
judgment and order of this Court, dated 27.04.2016 and he has no
objection to pass the orders on similar lines.
5] In view of the above referred facts, the orders passed by the
Special Tribunal in the proceedings under Section 17(2) of the Coal
Bearing Areas (Acquisition and Development) Act, 1957, impugned in
the present appeals are set aside.
(a) The proceedings are remitted to the Special Tribunal to
decide the proceedings in accordance with law and in the light of the
observations made in the judgment and order of this Court dated
27.04.2016 in First Appeal No. 910/2015 and others. It is made clear
that the respective contentions of the parties with regard to applicability
of Government Resolution dated 22.08.2012 in the respective cases has
been kept expressly open and the Special Tribunal shall decide the claim
applications on their own merits and in accordance with law.
(b) The appellants shall appear before the Special Tribunal on
25.07.2016. The parties are at liberty to amend their respective
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pleadings.
(c) The Claims Tribunal shall decide the claim applications
expeditiously and preferably within a period of four months from the
date of their appearance before the Tribunal.
(d) The first appeals are allowed in aforesaid terms with no
order as to costs.
Diwale
JUDGE
