Bombay High Court
W.C.L. Thr Chief General Manager, ... vs Shakuntala W/O Bapurao Jivtode on 20 October, 2016
Bench: Z.A. Haq
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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3 fa1348.09
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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4 fa1348.09
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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5 fa1348.09
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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6 fa1348.09
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.
7 fa1348.09
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
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
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.
10 fa1348.09
In the applications filed by the respondents before the Special
Tribunal, the respondents have not pleaded that they owned the lands in
question. The respondents have not led any evidence. The appellant has
pleaded that the respondents occupied the lands unauthorizedly and as they
were not owners of the lands in question their applications were not
maintainable and the Special Tribunal had no jurisdiction to entertain and
decide the applications. Inspite of these pleadings, the respondents have not
led any evidence to prove that they occupied the lands as owners. The
appellant has brought on record sufficient evidence to show that the amount
which was paid to the respondents was as per Rehabilitation Policy of Coal
India Limited and not as compensation determined under Section 14(2) of the
Act of 1957.
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
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.
