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2009 Supreme(Bom) 651

A.B.CHAUDHARI
Mahadeo s/o Ramaji Khade – Appellant
Versus
General Manager, Western Coal Fields Ltd. – Respondent


Advocates appeared:
For the Appellants:W.G. Charde, Advocate. For the Respondent:S.C./A.S. Mehadia, with Shri M. Anilkumar, Advocates.

Judgment :-

1. In all these first appeals since according to learned Counsel for both sides only one question of law is involved for decision, they were finally heard together. The question of law that falls for considerations of this Court is framed thus:


(i) Whether the claimants in the compensation cases i.e. the appellants herein in all these appeals are entitled to interest @ 5% per annum as provided under Section 17 (3) of the Coal - Bearing Areas (Acquisition And Development) Act, 1957 with Rules (for short Act of 1957) irrespective of the fact that during the period of the said delay possession of the suit fields were not taken by the respondent-acquiring body?


2. In support of the appeals, learned Counsel for appellants in all these appeals made the following submissions:


(i) After issuance of Section 9 notification by virtue of Section 10 of the Act of 1957 the land under notification belonging to the appellants vested in the Central Government and the effect of vesting is complete denudation of title, right, power and control in and over the suit property including the one of possession thereof and therefore, the consequences must follow, namely, actual payment of compe
















































































































































































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