- (1.) ACCORDING to the petitioner, the land being Plot Nos. 655 and 656 under Khata No. 83, P.S. 155, measuring an area of 21.50 decimals of Village Sewai which belongs to him. was acquired by the Central Government in favour of the Central Coalfields Ltd. (CCL for short) under sub -section 7 of the Coal Bearing Areas (Acquisition and Development) Act, 1957 in the year 1962 -63 by S.O. No. 3894.
(2.) HIS grievance is that though he is running from pillar to post, for payment of the compensation amount but in vain. Counsel for the petitioner submitted that the petitioner is now aged about 82 years old, but till date the compensation amount has not been paid. The State Government without any basis now raising dispute relating to title of petitioner, though he was in possession since long on the basis of Sada hukumnama and his name was entered in the Register II.
(3.) THE counsel appearing on behalf of the CCL referred to Section 14 of the Coal Bearing Areas (Acquisition and Development) Act, 1957 which reads, as follows : "14. Method of determining compensation. '' (1) Where the amount of any compensation payable under this Act can be fixed by agreement, it shall be paid in accordance with such agreement. (2) Where no such agreement can be reached, the Central Government shall constitute a Tribunal consisting of a person who is or has been or is qualified to be a Judge of a High Court for the purpose of determining the amount. (3) The Central Government may in any particular case nominate a person having expert knowledge in mining to assist the Tribunal, and where such nomination is made, the person or persons interested may also nominate any other person for the same purpose. (4) At the commencement of the proceeding before the Tribunal the Central Government and the person interested shall state what in their respective opinions is a fair amount of compensation. (5) The Tribunal shall, after hearing the dispute, make an award determining the amount of compensation which appears to it to be just and specify the person or persons to whom the compensation shall be paid; and in making the award the Tribunal shall have regard to the circumstances of each case and to the foregoing provisions of this Act with respect to the manner in which the amount of compensation shall be determined in so far as the said provisions or any of them may be applicable. (6) Where there is a dispute as to the person or persons entitled to compensation and the Tribunal finds that more persons than one are entitled to compensation, it shall apportion the amount thereof among such persons and in such manner as it thinks fit. (7) Nothing in the Arbitration Act, 1940, shall apply to any proceedings under this section. (8) The Tribunal, in the proceedings before it, shall have all the powers which a Civil Court has while trying a suit under the Code of Civil Procedure 1908, In respect of the following matters, namely : (i) summoning and enforcing the attendance of any person and examining him on oath; (ii) requiring the discovery and production of any document; (iii) reception of evidence on affidavits; (iv) requisitioning any public record from any Court or office; and (v) issuing commissions for examination of witnesses. ;