Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | ss.11(2) 2(d) Coal Bearing Areas (Acquisition and Development) Act Person interested |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Coal Bearing Areas (acquisition and Development) Act, 1957 (20 of 1957) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Coal Bearing Areas (Acquisition and Development) Act, 1957– ss. 11(2),2(d) – ‘Person interested’ –Lands in question owned by respondent-State was acquired by the Central Govt. – In exercise of powers u/s.11(1), the Central Govt. directed that the lands and rights so vested shall instead of continuing to vest in the Central Govt., vest in the appellant-Govt. Company subject to the terms and conditions as mentioned – Demand notice issued by State for premium and compensation – Challenged by appellant – Demand confirmed by High Court – On appeal, held: As per s.11(2), where the rights under any mining lease acquired under this Act vest in a Govt. company, the Govt. company shall, on and from the date of such vesting, be deemed to have become lessee of the State Govt. as if a mining lease under the Mineral Concession Rules had been granted by the State Govt. to the Govt. company – It shall be liable to pay compensation/rental, etc., to the State Govt. being ‘person interested’ – Person interested’ is defined u/s. 2(d) – State Govt. being the original owner can be said to be deemed lessor and ‘person interested’ in getting the compensation – Therefore, the High Court is right in observing that being ‘person interested’, the State Govt. is entitled to the compensation/rental, etc.– Demand(s) upheld – Impugned judgment not interfered with.Coal Bearing Areas (Acquisition and Development) Act, 1957 – ss. 11, 18(a) – Plea of the appellant that the Govt. company in whose favour the order is passed u/s. 11, except the amount of royalty u/s. 18(a) it is not liable to pay any amount – Held : The argument has no substance –Compensation/rental payable with respect to the lands by the lessee/ deemed lessee is altogether different than the royalty – Royalty is for extraction of minerals in the lands in question – Over and above the amount of royalty, the coal company/Government company shall be liable to pay the compensation and surface land rent, etc. – Amount of royalty cannot be mixed with the compensation/loss caused to the State Government due to loss of land and surface land rent as the State Government is entitled for the adequate compensation – High Court justified in confirming the respective demand(s). |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2023 INSC 63 |
Petitioner | Mahanadi Coalfields Ltd. |
Respondent | State Of Odisha & Ors |
SCR | [2023] 1 S.C.R. 1055 |
Judgement Date | 2023-01-20 |
Case Number | 220 |
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