The 1894 Act was partially repealed by the 1957 Act for acquisition of land containing or likely to contain coal deposits. The Central Government was directed to issue notifications under the 1957 Act for acquisition of the land, determine compensation, and provide rehabilitation facilities to the eligible persons in accordance with the policy of September, 1991 of the State Government.

A. K. PATNAIK, C.J. :-

The petitioners in W.P.No. 13561 of 2005 are Sarpanch and Up-Sarpanch of Gram Panchayats in Anuppur District of State of Madhya Pradesh and the petitioners in other writ petitions are all owners of land in Kotma Tahsil, District Anuppur which have been acquired by the State Government for the South Eastern Coal-fields Limited. The petitioners have filed these writ petitions under Art. 226 of the Constitution of India challenging the acquisition of land in Kotma Tahsil for mining of coal by the South Eastern Coal-fields Limited (for short 'SECL') under the Land Acquisition Act, 1894.

2. The relevant facts for disposal of these writ petitions briefly are that on 30th March, 1994, the Central Government in exercise of its powers under sub-section (1) of Section 4 of the Coal Bearing Areas (Acquisition and Development) Act, 1957 (for short 'the 1957 Act') gave notice of its intention to prospect for coal in 3412.610 hectares of land in Kotma Tahsil described in the schedule to the notification. Thereafter, by notification dated 6th February, 1996, the Central Government in exercise of its powers under sub-section (1) of Section 4 of the 1957 Act gave notice of its intention to acquire the rights to mine, quarry, bore, dig and search for, win, work and carry away minerals in the lands measuring 3407.408 hectares. By notification dated 6th February, 1996, objections to the acquisition of the whole or any part of the land or any rights over the land were invited in writing. On 4th February, 1997, the Central Government issued a notification stating therein that after considering the report of the Competent Authority and after consulting the Government of Madhya Pradesh, it was satisfied that the rights to mine, quarry, bore, dig and search for, win, work and carry away the minerals in the lands measuring 3407.408 hectares approximately described in the Schedule to the notification should be acquired. Accordingly, in exercise of its powers under subsection (1) of Section 9 of the 1957 Act, the Central Government declared by notification dated 24th June, 1998 that the rights to mine, quarry, bore, dig and search for, win, work and carry away the minerals in the lands measuring 3407.408 hectares are acquired. The rights in and over the aforesaid land acquired by the Central Government were thereafter vested in the SECL by an order issued by the Central Government under sub-section (1) of Section 11 of the 1957 Act, subject to the terms and conditions mentioned in the aforesaid order dated 24th June, 1998.

3. The Government of India, Ministry of Coal, Department of Coal then wrote a letter dated 31.8.2001 to the Collector, District Shahdol in which Kotma Tahsil was then located, requesting him to arrange for acquisition of 699.698 hectares of tenancy land and 46.154 hectares of Government land for Amadand Open Cast Mine of Jamuna Kotma Area under the Land Acquisition Act, 1894 (for short 'the 1894 Act') and to take possession of the same as provided under Section 17 of the 1894 Act immediately. Pursuant to this request, the State Government issued a notification on 28th February, 2004 under Section 4 of the 1894 Act for acquiring the aforesaid land. After considering the objections, the State Government issued a declaration under Section 6 of the 1894 Act in respect of the aforesaid land on 23rd May, 2004. Proceedings under Section 9 of the 1894 Act were completed on 5th September, 2004 and awards were passed on 30th November, 2004 and a Panchnama was made on 7th January, 2005 handing over symbolic possession of the aforesaid land to the SECL. The SECL deposited compensation to the tune of Rs. 17,49,00,233/- for the owners of the land and the houses located on the land. Out of 2485 owners of land in whose favour awards were passed, 774 persons withdrew the compensation amounting to Rs. 6.52 crores.

4. Mr. P.S. Nair, learned Senior Counsel appearing for the SECL, raised a preliminary issue regarding the locus