JUDGMENT :

1. By the first appeal, the appellant has challenged judgment and order dated 24.3.2021 passed by the Special Tribunal constituted under the Coal Bearing Areas (Acquisition and Development) Act, 1957 (hereinafter is referred as, “the CBA Act”) whereby the Special Tribunal directed respondent No.5 the Western Coalfileds Limited (WCL) to pay compensation to respondent Nos.1 to 4 and to provide employment.

2. By the writ petition, the petitioners (respondent Nos.1 to 4 in FA No.340/2021) have challenged order dated 24.8.2021 passed by learned Member of the Maharashtra Revenue Tribunal, Nagpur in Appeal/S.T. RESTO/CHA-9/2020 remanding the matter back to the Sub Divisional Officer, Chandrapur.

3. Brief facts necessary for disposal of the appeal and the petition, are as under:

Soma, Bala, and Sitaram, who are sons of Laxman Kodape, sold 2.20 acres of land bearing survey No.56 situated at village Belsani, tahsil and district Chandrapur to Shri Bhiwa Dawre – the father of the appellant, vide registered sale deed dated 30.8.1973. After the death of Bhiwa Dawre, the appellant being his daughter, became an absolute owner of the property and came in exclusive possession of the same. The respondent Nos.1 to 4/petitioners, who are legal heirs of the vendor, who claimed to be persons belonging to the Scheduled Tribe “Gond”, filed an application under Section 3 of the Maharashtra Restoration of Lands to the Scheduled Tribes Act, 1974 (“the Act of 1974”) for restoration of the suit property. The application, by the respondent Nos.1 to 4/petitioners, was filed before the Tahsildar at Chandrapur on 5.1.2011 which was rejected by order dated 17.8.2012 for want of jurisdiction. The respondent nos.1 to 4/petitioners, therefore, preferred a revision under Section 7 of the Act of 1974 before the Additional Commissioner, Nagpur challenging the said rejection order. The Additional Commissioner has allowed the revision by order dated 29.4.2014 partly. The matter was remanded back to the Sub Divisional Officer for adjudication without disturbing finding regarding the jurisdiction. The respondent Nos.1 to 4/petitioners have filed their caste certificates and claimed that they belong to Scheduled Tribe namely “Gond” and relied upon the caste validity certificates issued in favour of Vinod Tekam, the son of the respondent No.2.

4. As per contention of the appellant, transferor was not tribal on the date of transfer and as the application is beyond limitation, it deserves to be rejected. The Sub Divisional Officer by order dated 6.3.2020 allowed the application of the respondent Nos.1 to 4/petitioners and directed to restore the land to the respondent Nos.1 to 4/petitioners. The order of the Sub Divisional Officer is challenged by the appellant by preferring a revenue appeal bearing No.Appeal/S.T. RESTO/CHA-9/2020 before the Maharashtra Revenue Tribunal, Nagpur, Bench at Nagpur and the appeal is pending before the said Tribunal.

5. In the meanwhile, the suit property, i.e. survey No.56 admeasuring 2.20 acres, was acquired by the WCL under the provisions of the CBA Act and the possession of the same was taken over in the year 2014. Before the acquisition, Notification under Section 7 of the CBA Act was issued on 11.6.2012. The land was vested with the Central Government by virtue of Section 9 Notification on 26.3.2014. As there was a dispute, as to the ownership of the land, the WCL filed a compensation case bearing No.33/2020 before the Special Tribunal for determining the rightful person entitled to receive the compensation. The appellant has claimed the compensation amount in her favour by claiming that she is the owner of survey No.56. The respondent Nos.1 to 4/petitioners filed objection dated 28.10.2020 before the Special Tribunal and prayed for compensation amount in their favour in view of the order of the Sub Divisional Officer. As per contentions of the appellant before the Special Tribunal, the provisions of the Act of 1974 are applicable to a