Judgment Search Results Home > Cases Phrase: coal bearing areas acquisition and development act 1957 section 16 interest on awards Page 1 of about 1,809 results (0.488 seconds)

Union of India (Uoi) Through Central Coal Fields Ltd. Vs. Haria Devi a ...

Court : Jharkhand

Reported in : 2005(1)BLJR542; [2005(1)JCR395(Jhr)]

..... the case lie in a narrow compass.a notification dated 9.1.1978 was issued under section 4(1) of the coal bearing area (acquisition and development) act, 1957 (in short the act, of 1957) for acquisition of coal bearing lands in village govindpur and armo within the nawadah police station in the district of giridih. ..... also land was acquired under the coal bearing area (acquisition and development) act, 1957, for the coal companies namely, central coalfields limited. ..... of the facts of the case and the submissions made by the learned counsel appearing for the appellants, it would be useful to first consider the object of the enactment of coal bearing areas (acquisition and development) act, 1957.9. ..... that arises for consideration in these appeals is whether the tribunal constituted under section 14 of the coal bearing area (acquisition & development) act, 1957 was justified in awarding interest and solatium in absence of any such provision in the said act of 1957 :3. ..... in its rejoinder (para 8) has, on the other hand, stated that the aforesaid benefits provided under the land acquisition act, are not admissible to the owners of the lands whose lands have been acquired under the coal bearing (acquisition and development) act, 1957. ..... act in 1984 to effect corresponding amendment in the coal bearing areas (acquisition & development) act, 1957, also so that all the disparities between the two acts, inasmuch as they relate to payment of compensation were removed and land loosers were not put .....

Shankar @ Vishwambhar S/O Kacchiram Waghmare and Smt. Kantabai @ Nalin ...

Court : Mumbai

Reported in : 2009(111)BomLR4397; 2010(1)MhLj121

..... whose land has been acquired under coal bearing areas (acquisition and development act), 1957, have come up in appeal.3 ..... or of rights in or over such land, covered by the same notification under sub-section (1) of section 7, irrespective of whether one report or different reports has or have been made (wherever required) under sub-section (2) of section 8]:[provided that no declaration in respect of any particulars land, or rights in or over such land, covered by a notification under sub-section (1) of section 7, issued after the commencement of the coal bearing area (acquisition and development) amendment and validation act, 1971, shall be made after the expiry of three years from the date of the ..... it must, therefore, pay interest under section 17(3) of the coal bearing areas act from the date of notification under section 9 at 5% till the amount ..... learned counsel for the appellants submits that each of the claimants was entitled to interest on the amount of compensation from the date of notification under section 9 of the act till the date of actual payment of the compensation or deposit of the ..... appellant, however, restricted his submission with regard to the interest payable under section 17(3) of the act and the date from which it is payable. ..... , feel aggrieved by the fact that the tribunal had awarded inadequate compensation and had not awarded interest under section 17(3) of the act.4. ..... submits that interest can be awarded only when respondent takes possession and does not pay .....

Gangadhar Nanaji Milmile and Others Vs. Western Coalfields Limited

Court : Mumbai Nagpur

..... these appeals preferred under section 20 of the coal bearing areas (acquisition and development) act, 1957 ( said act for short) the challenge is to the award passed by the special tribunal constituted under section 14(2) of the said act to determine the question of enhancement of compensation as provided under section 73 of the said act, to the extent it refuses to grant interest as contemplated by section 34 of the land acquisition act, which according to the appellants is made applicable by circular dated 12th february, 1986 issued by the government of india, ministry of energy, department of coal. ..... cases arise out of the acquisition under the coal bearing areas (acquisition and development) act, 1957 and not under the provisions of the land acquisition act, 1894. ..... the provisions of the coal bearing areas (acquisition and development) act, 1957 will have to ..... of the circular dated 12th february, 1986, the provisions of section 23(1a) and 28 of the land acquisition act become applicable to the acquisition made under the provisions of the coal bearing areas act and the learned single judge of this court has taken such a view in case of chinnubai wd/o durgaji kamble and others vs. ..... of the circular dated 12th february, 1986 is to be construed as making applicable the amended provision of section 34 of the land acquisition act to the cases of acquisition under the coal bearing areas act, it shall clearly run contrary to the provisions of subsection (3) of section 17 of the said act. .....

Mahadeo Ramaji Khade and anr. Vs. General Manager, Western Coal Fields ...

Court : Mumbai

Reported in : 2009(5)BomCR219

..... the appellants herein in all these appeals are entitled to interest @ 5% per annum as provided under section 17(3) of the coal-bearing areas (acquisition and development) act, 1957 with rules (for short act of 1957) irrespective of the fact that during the period of the said delay possession of the suit fields were not taken by the respondent-acquiring body?2 ..... . thus looking to the scheme of the land acquisition act 1894 and in particular section 16 thereof it is absolutely clear that the land does not vest in the government until adjudication regarding compensation to be paid is made by the collector by making award and no possession is taken till that stage, no vesting takes place till that ..... any such interpretation will be contrary to the plain wording of section 16 of the land acquisition act under which title of the owner is not extinguished and the same does not get vested in the government till the possession of the land is not taken, after the declaration of the award ..... considering the submission made by advocate shri mehadia about the computation of compensation and the time required for that i find that the parliament has chosen to first get the land vested in the central government and then commence the process for adjudication of quantum of compensation as against the scheme of the land acquisition act where parliament provided for adjudication of claims and for compensation and making of award first and thereafter to take possession and vesting land in the government .....

Ramkrishna Uddhao Dhawas Vs. Western Coalfields Limited

Court : Mumbai Nagpur

..... these appeals preferred under section 20 of the coal bearing areas (acquisition and development) act, 1957 ("said act" for short) the challenge is to the award passed by the special tribunal constituted under section 14(2) of the said act to determine the question of enhancement of compensation as provided under section 73 of the said act, to the extent it refuses to grant interest as contemplated by section 34 of the land acquisition act, which according to the appellants is made applicable by circular dated 12th february, 1986 issued by the government of india, ministry of energy, department of coal. ..... cases arise out of the acquisition under the coal bearing areas (acquisition and development) act, 1957 and not under the provisions of the land acquisition act, 1894. ..... the provisions of the coal bearing areas (acquisition and development) act, 1957 will have to ..... the circular dated 12th february, 1986, the provisions of section 23(1-a) and 28 of the land acquisition act become applicable to the acquisition made under the provisions of the coal bearing areas act and the learned single judge of this court has taken such a view in case of chinnubai wd/o durgaji kamble and others vs. ..... of the circular dated 12th february, 1986 is to be construed as making applicable the amended provision of section 34 of the land acquisition act to the cases of acquisition under the coal bearing areas act, it shall clearly run contrary to the provisions of sub-section (3) of section 17 of the said act. .....

Northern Coalfields Ltd. Vs. Sri Dadai (Dead) Through His L.Rs. Smt. S ...

Court : Madhya Pradesh

Reported in : 2006(1)MPHT336; 2006(1)MPLJ352

..... appeal has been preferred under section 20 of the coal bearing areas (acquisition and development) act, 1957(for brevity 'the act') against the order/award dated 30-9-95 passed in case ..... under section 16 the tribunal is empowered to award interest @ 5% per annum and the tribunal has rightly passed the award of interest @ 5% per annum in ..... case of sher singh (supra) the supreme court while dealing the matter under requisitioning and acquisition of immovable property act, 1952 held that since there is no provision under the said act to pass an award under the head of 'solatium', therefore, while determining the compensation under the said act, no compensation under the head of solatium can be awarded. ..... in public interest, the government of india for the purpose of extraction of the coal acquired the disputed area on 15-11-1976 and fixed the amount of compensation to be ..... there is no substance in the argument of learned senior counsel appearing for appellant that since there is no provision to award the interest, the tribunal erred in law by awarding the interest @ 5% per annum. ..... question for consideration is whether the tribunal rightly passed the award of solatium and the interest. ..... 2,0007- per acre on 13-5-1976 and the senior revenue officer, in order to make payment of compensation for acquiring land and other interests under section 9 of the act held that the applicant was entitled for compensation ..... 1,30,0007- apart from paying interest @ 5% per annum from the date of filing of the .....

Smt. Chinnubai Wd/O Durgaji Kamble and ors. Vs. Western Coalfields Lim ...

Court : Mumbai

Reported in : 2008(2)ALLMR440; 2008(3)BomCR134; 2008(2)MhLj706

..... all these appeals under section 20 of coal bearing areas (acquisition and development) act (20 of 1957), herein after referred to as coal bearing act, challenge the award passed by special tribunal, nagpur, constituted under section 14(2) thereof. ..... 173 of 1993 on 8.9.2006 because the claimant there was demanding interest only in terms of section 16 of coal bearing act and hence the question of interpretation or application of the government circular dated 12.5.1989 did not fall for consideration there. ..... section 17(3) of coal bearing act requires central government to pay interest at 5% per annum from the time compensation becomes due until it shall have been so paid or deposited when the amount of compensation is not paid or deposited as required by section 17. ..... he argues that vide judgment dated 8.9.2006, this court has correctly treated date of notification under section 9(1) as relevant date for the purpose of calculating interest payable under section 16 of coal bearing act. ..... provision in rule 5a of coal bearing areas (acquisition and development) rules 1957 for filing of claims by persons interested in compensation with authority prescribed thereunder also shows that the present appellants are statutorily entitled to raise claim for compensation as per section 13(5) after publication of notification under section 9 of coal bearing act. .....

Union of India (Uoi) and Etc. Etc. Vs. Kashinath Mahto and ors. Etc.

Court : Patna

..... all the aforementionedappeals have arisen out of a common judgment dated 5-2-1996 and the award dated 16-2-1996 passed by the first additional judicial cormnissioner-cum-tribunal constituted under the coal bearing areas (acquisition and development) act, 1957 (for short 'the said act') passed in reference cases nos. ..... after the said declaration compensation was determined under section 13 of the said act for the acquired lands to be paid to the interested persons, namely, the claimants-respondents. ..... hari krishan khosla, (1993 air scw 105) (supra) the apex court held that in absence of any provision for payment of solatium and interest in the act under which the land is acquired, the same cannot be awarded by applying the provision of land acquisition act. ..... law discussed herein above, i come to the following conclusions : (1) the claimants-respondents are entitled to payment of additional compensation/solatium @ 30% of the amount of compensation and interest at the rate of 9% per annum for the first year and 15% per annum for the subsequent years as calculated and accepted by the competent authority pursuant to the letter of the central government since the same was not challenged by the appellant before the tribunal rather conceded that the .....

Western Coalfields Limited Vs. Vasanji S/O Lalji Suchak and Others

Court : Mumbai

Reported in : 1998(1)BomCR538

..... sirpurkar, the learned counsel for the respondents further submitted that the special tribunal is constituted under section 14(2) of the coal bearing areas (acquisition and development) act, 1957, and the procedure being prescribed under section 14 itself, and under subsection (7), discretion being given to the special tribunal how to determine the price of the land acquired, it is the summary proceedings and as such need not to examine the witnesses to prove the documents. ..... iii) solatium is not part of market value awarded as compensation and as such not component under section 23(1) of the said act.iv) the liability of payment of interest is only on the excess amount of compensation determined under section 23(1) and not on the amountalready determined under section 11 and paid to the party or deposited into the court or determined under section 26 or 54 and deposited into the court or on solatium under section 23(2) and additional amount under section 23(1-a).'15. ..... 'in para 29, their lordships observed as under : 'from the conspectus of the ratios of the various decisions referred tohere in above it emerges :i) advantage or benefit of awarded provisions of said act (1984 amendment)would not be available in case of award made before 30th april, 1982.ii) the court has no power to enlarge the scope of section 30(2) of the saidact for according the benefit of the amended provisions. .....

Northern Coalfields Ltd. Vs. Mata Prasad

Court : Supreme Court of India

Reported in : JT1998(8)SC35; (1998)9SCC376

..... the central government, by notification under section 4 of the coal bearing areas (acquisition & development) act, 1957 declared its intention to prospect for coal in respect of areas stipulated in the said notification which included the said land over which the respondent had a mining lease. ..... that where the rights under a mining lease are acquired under this act, there shall be paid to the person interested compensation, the amount of which shall be a sum made up of the following items:the relevant item is clause (ii) of sub-section (2) of section 13 which provides for compensation for any reasonable and bona fide expenditure of the nature referred to in clauses (i), (ii) and (iii) of sub-section (1) actually incurred in relation to the lease, together with the salami, if any, paid for obtaining ..... in the premises, we uphold the award to the following extent: (i) rs 562 on account of the amount spent as fee to obtain the lease; (ii) rs 2 lakhs for the stone-crusher; and (iii) rs 50,000 for the building together with interest as specified in the award. 8. ..... rs 2,00,000 expenditure incurred for laying down the foundation for the installation of the stone- crusher rs 3,60,000 amount spent on construction of the building rs 50,000 spent for obtaining the electricity connection rs 15,000 together with interest from 8-11-1990 for a period of five years at the rate of 5% and thereafter @ 4% till payment.3. .....