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1973 Supreme(Pat) 169

S.K.JHA, N.L.UNTWALIA
East Indian Coal Co. Ltd. – Appellant
Versus
Union Of India – Respondent


Judgment

Untwalia, J.

1. This is a miscellaneous first appeal filed by the claimant -- the East India Coal Company Limited -- under Sec.20 of the Coal Bearing Areas (Acquisition and Development) Act, 1957 (hereinafter called the Act). A certain mining lease in respect of land measuring 700 bighas and odd in Sutikdih was acquired under the Act and the proceeding was initiated by issuance of a preliminary notification under Sec. 4 of the Act. Eventually, a declaration of acquisition under Section 9 was issued on 18-12-61. On the issuance of such a declaration, the land and rights in the Sutikdih Colliery vested in the Central Government under Sec.10. The Central Government under Sec.10. The Central Government determined the amount of compensation to the tune of Rs. 36,449-83 payable to the claimant. The claimant did not agree to this amount and accepted the payment under protest. It filed its claim before the Tribunal appointed under the Act and as against its claim put forward before the Central Government to the tune of Rs. 19,35,902.03, it out forward a claim of Rs. 14,79,149/-before the Tribunal. The Tribunal has considered the matter in detail and allowed a total compensation of


























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