2023 Supreme(Bom) 517

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH
URMILA JOSHI-PHALKE, J.
Ranjana Madhaorao Thaware & Ors. - Appellants
Versus
Madhaorao Mahadeo Thaware & Ors. - Respondents
First Appeal Nos. 524 of 2021, 46, 203, 204, 205 of 2022, Writ Petition Nos. 3430, 3432, 3499, 3500, 3501, 3502, 5227, 5228, 5229, 5230, 5231, 5232, 5233, 5234, 5235, 5236, 5237, 5238, 5239 of 2021, 5079, 5080, 5081, 5082, 5083, 5084 of 2022
Decided On : 03-07-2023

Headnote:

COAL BEARING AREAS (ACQUISITION AND DEVELOPMENT) ACT, 1957 - SECTION 14 - TRIBUNAL - JURISDICTION - COMPENSATION - EMPLOYMENT - TITLE DISPUTE - CIVIL COURT - REHABILITATION AND RESETTLEMENT POLICY OF COAL INDIA LIMITED 2012 - VALIDITY - TRIBUNAL'S DIRECTIONS TO PROVIDE EMPLOYMENT - VALIDITY - COAL INDIA LIMITED'S DUTY TO PROVIDE EMPLOYMENT - EXTENT OF TRIBUNAL'S JURISDICTION - INTERPRETATION OF SECTION 14(5) OF THE ACT - TRIBUNAL'S POWERS - SCOPE OF COMPENSATION - TRIBUNAL'S JURISDICTION TO DETERMINE TITLE DISPUTES - OUSTER OF CIVIL COURT'S JURISDICTION - TRIBUNAL'S JURISDICTION TO DIRECT EMPLOYMENT UNDER THE POLICY - VALIDITY - TRIBUNAL'S EXCEEDING JURISDICTION - QUASHING OF TRIBUNAL'S ORDERS.

Fact of the Case:

The Western Coalfields Limited challenged the judgments and orders passed by the special Tribunal constituted under the Coal Bearing Areas (Acquisition and Development) Act, 1957 (CBA Act) in different compensation cases on different dates, by which the Tribunal directed to provide employment to nominees of land owners under Rehabilitation and Resettlement Policy of Coal India Limited 2012 (the Policy of Coal India Limited 2012). The Tribunal also determined title regarding acquired property wherever there is a dispute between land owners. The Western Coalfields Limited contended that the directions issued by the special Tribunal is without jurisdiction, patently illegal, bad in law, and without jurisdiction. The special Tribunal has also determined title regarding acquired property wherever there is a dispute between land owners.

Finding of the Court:

The Tribunal has no jurisdiction to decide the dispute touching to the title of the property acquired and cannot finally determine the title under Section 14 of the CBA Act. The jurisdiction is of the civil court to decide the issues of title to the property acquired is not ousted. The Tribunal is a creature of statute and as observed by the Hon’ble Apex Court, the Tribunal with a limited jurisdiction, cannot go beyond the procedure laid down by the statute for its function. The Tribunal has exceeded its jurisdiction by granting compensation to the land owners wherein the title issue is pending or there is a dispute between the parties as to the title. The Tribunal ought not to have determined the amount of compensation and ought to have directed the parties to get their right ascertained by the competent court.

Issues: 1. Whether the special Tribunal constituted under the provisions of the CBA Act has jurisdiction to determine the compensation amount when there is a dispute regarding the title of the acquired property? 2. Whether the special Tribunal has exceeded the jurisdiction by directing the Western Coalfields Limited to provide employment under the Policy of Coal India Limited 2012?

Ratio Decidendi: 1. The Tribunal has no jurisdiction to decide the dispute touching to the title of the property acquired and cannot finally determine the title under Section 14 of the CBA Act. The jurisdiction is of the civil court to decide the issues of title to the property acquired is not ousted. 2. The Tribunal is a creature of statute and as observed by the Hon’ble Apex Court, the Tribunal with a limited jurisdiction, cannot go beyond the procedure laid down by the statute for its function. The Tribunal has exceeded its jurisdiction by granting compensation to the land owners wherein the title issue is pending or there is a dispute between the parties as to the title. The Tribunal ought not to have determined the amount of compensation and ought to have directed the parties to get their right ascertained by the competent court.

Final Decision: The first appeals and the writ petitions stand disposed of.