ORDER

The present miscellaneous appeal has been filed by the appellant under Section 20 of the Coal Bearing Areas (Acquisition and Development) Act, 1957 against the order dated 29.7.2021 passed by the Presiding Officer, Part Time Tribunal, Coal Bearing Areas (Acquisition and Development) Act, 1957 Singrouli (MP) in Tribunal Case No.2/2015 “NCL Vs. Jai Prasad Chamar and others”, whereby learned court below rejected the claim filed by the appellant and respondent no. 2 Budhanlal with regard to the land acquired by Northern Coal Field Ltd.

2.Brief facts of the case of the appellant are that the appellant being land owner was cultivating the land bearing plot No. 903, area 0.370 hectare and plot No. 905, area 0.420 hectare, total area 0.420 hectare situated at village Solang, Tahsil and District Singrouli. The said land has been acquired by the respondent No.1 (herein after referred to as the acquired land). The appellant filed the claim case No. 02/2015 on 11/12/2015 before the Court below stating that he being the owner of the disputed land is in possession which has been acquired by respondent No.1 and the said land was received to him in family partition with the knowledge and consent of the objector and in this regard a resolution was passed on 26/01/2016 by Gram Sabha Solang. If the objector was not satisfied with the said family partition, he may file appeal before appropriate forum but he did not file the same till now. The said land acquired under the Coal Bearing Act as per notification of law and informing local administration. The objector told that the patta of the said land was cancelled vide order dated 07/05/2010 by the Collector, however, name of the claimant / appellant was nowhere mentioned in it. Therefore, the land records were immediately corrected in favour of the State Government but the said land is continuously being recorded in the name of claimant’s father and the claimant. Hence, prayer was made in the claim that prescribed compensation amount with interest be paid to the claimant and therefore, the respondent No.1 started the proceedings under the Coal Bearing Act of Land Acquisition including appellant’s land under the provision of Coal Bearing Act, 1957.

2.1.The objector/respondent No.2 filed his written statement and stated that the claimant has not filed the partition deed and resolution no.22 order dated 26/01/2016 and the objector further submitted that the Collector, Singrouli, vide order dated 07/05/2010, cancelled the patta of the disputed land and the said land has been recorded in the name of State Government. It is also stated that the claimant filed the present case on false basis. It is further averred that wife of deceased late Ram Nath Saket claimant No.2 namely Smt. Ramkali Devi and daughter of Jagmatiya Saket claimant No.3 filed claim/consent letter dated 15/04/2019 stated that the Ram Nath Saket was original owner of the disputed land, who obtained the disputed land vide order dated 30/07/2019 passed by the Tahsildar Singrouli and the claimant Nos. 2 and 3 have relinquished their shares in favour of claimant and objector. The respondent No.1, vide its statement denied the claim of the appellant and stated that the agreement of Jai Prasad and Budhanlal is not valid and relinquished of write of his mother and sister in false and gynecology tree by the claimant before the court has not been verified by the claimant, hence, the claim filed by the claimant deserves to be dismissed. On the basis of averments of the parties, learned court below framed the issue and recorded the evidence of the parties, passed the impugned order. Being aggrieved by the impugned order, the appellant has preferred instant appeal before this Court.

3.Learned Senior Counsel for the appellant submits that the court below has acted in excess of its jurisdiction, illegal or with material irregularity. It is also submits that the impugned award if factually incorrect and legally improper because same