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2008 Supreme(MP) 1129

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A.K. Patnaik, C.J. and Ajit Singh, J.
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Naresh Singh and others v. Union of India and others
fjV ;kfpdk Ø- 13561 lu~ 2005 1/4ykdsfgr eqdnek1/2 1/4tcyiqj1/2(
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Writ Petition No. 13561 of 2005 (PIL) (Jabalpur);
Decided on 12.11.2008.

Advocates:
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A.M. Trivedi with Ashim Trivedi and Mrs. Neelam Goyal for petitioners;
V.K. Shukla, Dy. Advocate General for respondent No.2;
P.S. Nair with Prabhat Kumar Shrivastava for respondents No.3 & 4.

Headnote: ¼1½ Hkw&jktLo lafgrk] 1959 ¼e-iz-½ && /kkjk 165 ¼6½ && ljdkj }kjk Hkwfe dk vtZu izfrf"k) ugha && tutkfr dh ,slh Hkwfe vkxs ljdkj }kjk ljdkjh daiuh dks varfjr dh tk ldrh gSA , vkb vkj 1997 ,l lh 3297 rFkk , vkb vkj 2002 ,l lh 350 vuqlfjrA

        ¼iSjk 9

        ¼2½ iapk;r mica/k ¼vuqlwfpr {ks=ksa ij foLrkj ½vf/kfu;e] 1996 && /kkjk 4¼>½ && vlaxr fof/k cukus ij fuks/k jkT; ds fo/kku& eaMy ij gS u fd laln ij && laln ds vf/kfu;e ds v/khu tutkfr {ks= dh Hkwfe dk vtZu && mica/k ykxw ugha gksrkA ¼iSjk 10

        ¼3½ dks;yk /kkjd {ks= ¼vtZu vkSj fodkl ½ vf/kfu;e] 1957 && /kkjk 1 rFkk 28 && Hkwfe vtZu vf/kfu;e] 1894 && /kkjk 1 && ,slh Hkwfe dk vtZu ftlesa dks;yk HkaMkj gks vFkok gksus dh laHkkouk gks] vFkok ,slh Hkwfe eas ;k ml ij vf/kdkj dk vtZu && 1894 ds vf/kfu;e ds mica/k ykxw ugah gksxsa && vtZu 1957 ds vf/kfu;e }kjk fofu;fer gksxkA

        ¼iSjk 17 ,oa 18

        ¼4½ fujlu && iwfoZd lk/kkj.k vf/kfu;e && i‘pkrorhZ fof’k"V vFkok fo‘ks"k vf/kfu;e ls izHkkfor gks ldrk gSA U;k- th-ih-flag d`r fizalhiYl vkQ LVsP;wVjh baVjfizVs"ku nlok¡ laLdj.k] 2000 voyafcrA , vkb vkj 1990 ,l lh 548 vuqlfjrA ¼iSjk 19 ,oa 20

        ¼5½ Hkkjr dk lafo/kku && vuq- 226 && Hkwfe vtZu dk;Zokfg;ksa ds laca/k esa fjV ;kfpdk && mPp U;k;ky; dks yksdfgr ds eqdkcys izkbosV fgr ij fopkj djuk gksrk gSA ¼1997½ 1 ,l lh lh 134] ¼2008½ 7 ,l lh lh 53 rFkk ¼2006½ 6 ,l lh lh 255 vuqlfjrA ¼iSjk 22

        (1) Land Revenue Code, 1959 (M.P.) -- S. 165 (6) -- acquisition of land by Government is not prohibited -- such land of Tribal may further be transferred to Government Company by the Government. AIR 1997 se 3297 and AIR 2002 se 350 followed. [Para 9

        (2) Panchayat (Extension to the Scheduled Areas) Act, 1996 -- S. 4 (i) -- embargo on making inconsistent law is on legislature of a State and not on Parliament -- acquisition of land of Scheduled area under Act of Parliament -- provision does not apply. [Para 10

       

        (3) Coal Bearing Areas (Acquisition and Development) Act, 1957 -- Ss. 1 and 28 -- Land Acquisition Act, 1894 -- S. 1 -- acquisition of land containing or likely to contain coal deposits or of rights in or over such land -- provisions of 1894 Act would no longer apply -- acquisition would be governed by 1957 Act. [Paras 17 & 18

       

        (4) Repeal -- prior general Act -- may be affected by subsequent particular or Special Act. Principles of Statutory Interpretation Tenth Edn. 2000 by Justice G.P. Singh relied on. AIR 1990 se 548 followed. [Paras 19 & 20

       

        (5) Constitution of India -- Art. 226 -- writ petition in respect of land acquisition proceedings -- High Court has to weigh public interest. vis-a-vis private interest. (1997) 1 SCC 134, (2008) 7 SCC 53 and (2003) 6 SCC 255 followed. [Para 22

ORDER

Patnaik, C.J. -- 1. 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 Coalfields 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 & 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 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 sub-section (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 ''he 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 Rs.17,49,00,233/- for the owners of the land and the houses located on the land. Out of2485 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 standi of th












































































































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