IMPORTANT POINT
Section 17(2) of the Coal Bearing Areas (Acquisition and Development) Act, 1957 only empowers the tribunal to receive compensation from the Central Government and does not provide for imposing interest on the amount of compensation.

ORDER :

1. Since the common questions of law and facts are involved in the present matters, therefore, they are clubbed together, heard together, and decided finally by this common order.

2. The petitioner has challenged the orders passed in P.T.T. Case Nos. 01/2022, 2/2022, 3/2022, and 04/2022 dated 17.02.2023, whereby the applications moved by the petitioner under Section 17(2) of the Coal Bearing Areas (Acquisition and Development) Act, 1957 (hereinafter referred to as ‘the Act, 1957’) seeking permission to deposit the amount of compensation with the tribunal were allowed, but at the same time, the learned tribunal in the concluding paragraph observed that the amount, which would be deposited shall carry interest @ 5% per annum from the date of the notification i.e. 27.11.2009 till the date of deposit.

3. The facts of the present case are that the petitioner is a power-generating company. The petitioner company in order to establish a Coal Mining Project expressed its desire to acquire the land and the Ministry of Coal, Government of India, in the exercise of the power conferred by Section 4(1) of the Act, 1957 issued a public notice. Thereafter, the Central Government vide notification dated 03.06.2009 issued another notice under Section 7(1) of the Act, 1957 showing its intention to acquire the land area ad-measuring 2094.89 hectares. Notice under Section 9 of the Act, 1957 was issued on 05.12.2009 by the Central Government. After completion of the proceedings of land acquisition, notices were issued to the beneficiaries by the petitioner on 15.07.2011, 06.08.2011 and 09.08.2011 respectively in different cases, whereby the beneficiaries were informed to submit relevant documents within 10 days for payment of compensation. The notice was published in the local newspaper on 10.03.2016. Another notice was issued on 19.02.2021 and beneficiaries were granted 15 days’ time to submit relevant documents and to collect the compensation. On 31.07.2021 and 20.10.2021 final notice was published. The respondents did not come forward to collect the compensation amount despite repeated notices; therefore, an application under Section 17(2) of the Act, 1957 was moved before the District Judge – cum – Part Time Tribunal.

4. Notices were issued to the respondents, thereafter, the learned tribunal vide order dated 17.02.2023 allowed the applications moved by the petitioner and permitted the petitioner to deposit the amount of compensation. The tribunal in the concluding paragraph held that the amount, which would be deposited by the petitioner shall carry an interest component of 5% from the date of notification i.e. 27.11.2009 till the date of deposit.

5. The petitioner in these petitions has challenged the concluding part, whereby the petitioner has been directed to deposit compensation along with 5% interest.

6. The learned Senior Counsel would submit that in compliance with the order passed by the learned tribunal dated 17.02.2023, the petitioner has already deposited the compensation amount, but the interest part has not been deposited. He would further submit that there is no provision in Section 17(2) of the Act, 1957 conferring power with the tribunal to pass any order with regard to payment of interest on the amount of compensation, and thus, the learned tribunal has exceeded its jurisdiction. He would also submit that Section 17 of the Act, 1957 is ministerial in nature and the concerned tribunal ought to have accepted the amount of compensation. It is also contended that for enhancement of the compensation and interest part, the private respondents have already moved applications before the tribunal according to the provisions of Section 14 of the Act, 1957 and the same are pending consideration.

7. On the other hand, Mr. T.K. Jha, learned counsel appearing for respondents would oppose the submissions made by Mr. Bharat. Mr. Jha would submit that the petition in the present form particularly under Article 226 of the Constitution of Indi