JUDGMENT :

1. This writ petition is under Article 226 of the Constitution of India whereby and whereunder direction has been sought for upon the respondent-Eastern Coalfield Limited to withdraw the communication dated 19.03.2019 and restrained the respondent Company in releasing awarded amount in the account of Keshowati Deti.

2. The petitioner who happens to be the daughter of respondent No.5 is claiming the compensation amount by virtue of being the co-sharer of the ancestral property which has been acquired under the provision of Coal Bearing Areas (Acquisition and Development) Act, 1957 (hereinafter referred to as the Act, 1957).

The petitioner being aggrieved with the communication dated 19.03.2019 issued by the authority of the Eastern Coalfield Limited (Annexure-1) whereby and whereunder information about the Aadhar Card and the Joint Account, has been sought to be furnished from respondent No.5 for deposit the amount of compensation with a direction to disburse it from the other claimant in accordance with genealogical table and if the said Act would not be performed, she will be held to be responsible for the same.

3. This matter was heard on 23rd June, 2019 and an order was passed to implead the said Keshowati Devi as respondent No.5 along with an order of ad-interim relief restraining the respondent not to disburse the further amount in the account of the said Keshowati Devi.

4. Learned counsel for the petitioner has submitted that as yet no counter affidavit has been filed.

5. Mr. Rajesh Lala, learned counsel appearing for the Eastern Coalfield Limited, has submitted by referring to the provision of Section 14 of the Coal Bearing Areas (Acquisition and Development) Act, 1957 which contains provision for method of determining the compensation wherein as per the Section 6 thereof, which pertains to adjudication in case of dispute with respect to entitlement of compensation, the same shall be apportioned by the Tribunal among such persons and in such manner as it thinks fit.

Therefore, submission has been made by the learned counsel for the respondent that since the petitioner is claiming apportionment of the amount of compensation and there are other legal heirs apart from the petitioner, therefore, this Court is not the proper adjudicatory body to adjudicate by apportioning the amount of compensation in favour of one or the other co-sharer.

6. In response, learned counsel for the petitioner has submitted that although at the time of filing of the writ petition the amount of compensation has not been deposited in the account of Mossomat Keshowati Devi, but on instruction, he submits that a some of Rs.1,03,00000/- has been deposited in the account of said Keshowati Devi W/o. Late Harihar Pandit and therefore, by taking aid of the provision of Section 17 of the Act, 1957 he submits that after depositing the said amount, the determination cannot be made about the apportionment of the amount of compensation as per the provision of Section 14 of the Act, 1957.

7. This Court, after having heard the learned counsel for the parties and after going across the provision of Section 14 as also Section 17 of the Act, 1957, deem it fit and proper to first examine the aforesaid provision before passing any order.

The Section 14 of the as also Section 17 of the Coal Bearing Areas (Acquisition and Development) Act, 1957 which reads hereunder as:-

14. Method of determining compensation.—(1) Where the amount of any compensation payable under this Act can be fixed by agreement, it shall be paid in accordance with such agreement.

(2) Where no such agreement can be reached, the Central Government shall constitute a Tribunal consisting of a person who is or has been or is qualified to be a Judge of a High Court for the purpose of determining the amount.

(3) The Central Government may in any particular case nominate a person having expert knowledge in mining to assist the Tribunal, and where such nomination is made, the person or persons interested may