Rohne Coal Company Pvt. Ltd. Through Its ... vs Union Of India Through The Secretary
2025 Latest Caselaw 5136 Jhar

Jharkhand High Court

Rohne Coal Company Pvt. Ltd. Through Its ... vs Union Of India Through The Secretary on 24 April, 2025

Author: Gautam Kumar Choudhary

Bench: Gautam Kumar Choudhary

IN THE HIGH COURT OF JHARKHAND AT RANCHI
              W.P. (C) No. 6507 of 2024

Rohne Coal Company Pvt. Ltd. Through its authorized representative Arindam
Sinha                                              ....  ....  Petitioner
                               Versus
Union of India through the Secretary, Ministry of Coal, Government of India &
Ors.                                               ...     ....    Respondents

CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

For the Petitioner              : Mr. Vibhor Mayank, Advocate
For the State                   : Mr. Mohan Kumar Dubey, AC to AG
For the UOI                     : Mr. Anil Kumar, ASGI
                                  Mr. Abhijeet Kumar Singh, CGC
For the NMDC                    : Mr. Amrendra Pradhan, Advocate
                                  Mr. Avishek Chandra, Advocate
                   ------

Order No. 04 / Dated : 24.04.2025.

The instant writ petition has been filed under Article 226 and 227 of the Constitution of India for quashing the order dated 12.06.2023 passed in Miscellaneous. Case No. 03 of 2021-22 by Presiding Officer-cum-Minister, Government of Jharkhand, whereby and whereunder in purported exercise of powers under Section 49(1) of the Chota Nagpur Tenancy Act, 1908, land measuring an area 14.77 acres of land at Village Paseriya, Thana No. 107, P.S. Barkagaon, District-Hazaribagh appertaining to different plots within Khata No. 217 of District-Hazaribagh has been restored in favour of respondent nos. 6 to 12.

The brief facts leading to this writ petition is that the petitioner was allocated the coal block in 2011and pursuant to it, the petitioner has acquired this land by registered sale-deed for mining purposes. Subsequently, in 2014 the coal block allocation was cancelled by Hon'ble Supreme Court vide judgment dated 25.08.2014 in the matter of Manohar Lal Sharma Vs. Principal Secretary and Ors.

After this, the coal block was allocated to NMDC which came into possession of the said land.

It is submitted by the learned counsel on behalf of the petitioner that under provision of Section 16 of Coal Mines (Special Provisions) Act, 2015, the petitioner is entitled to compensation for the land already acquired for mining purpose which was subsequently cancelled after re-allocation of the coal block. It is further submitted that NMDC has already deposited the compensation amount before the Nominated Authority, Ministry of Coal, Government of India (Respondent No. 2) and in view of the impugned order, the petitioner stands to lose compensation for the land to which it is entitled under statute.

Considering the submission, respondent nos. 1 to 5 are directed to file counter-affidavit.

In the meantime, status-quo will be maintained with regard to the land in question.

List this case on 23.06.2025.

(Gautam Kumar Choudhary, J.) Pawan/ -