HANUMANTU S O HARI PIDURKAR Vs. GENERAL MANAGER WESTERN COALFIELDS LIMITED

JUDGEMENT

(1.) HEARD Mr. Khare advocate for the appellant, and Mr. Charde, Advocate for respondent no. 2. None for respondent no. 1.

(2.) THIS appeal has been filed under section 20 of the Coal Bearing Areas - (Acquisition and Development) Act, 1957 read with section 96 of the Civil Procedure Code.

(3.) THE Compensation Case No. 4/1995 was initiated at the instance of respondent no. 1 before the Special Tribunal constituted under the Coal Bearing Areas - (Acquisition and Development) Act, 1957. The non applicants were Maroti Tukaram Khamankar - present respondent no. 2 and Hanumantu Hari Pidurkar the present appellant. Award was passed by the Government vide notification no. 359 dated 23. 1. 1990 for the land bearing Gat no. 214 of village Kolar Pimpari, which was acquired under the Act for Coal mining under Kolar- Pimpri project. The land was owned by Khamankar i. e. present respondent no. 2 as per 7/12 extract. It was claimed that the compensation could not be paid due to dispute over the ownership of that land. On 21. 12. 1990 the non applicant no. 2 present appellant had filed affidavit saying that he has no objection for payment and employment to be made in favour of Maroti Khamankar the present respondent no. 2. The same was confirmed by his Advocate Shri A. D. Deshpande Wani. It was also stated that the tenancy case instituted by the present appellant against respondent no. 2 for declaration as tenant was withdrawn. The relief in that application was sought to allow the payment of the said compensation of gat no. 214 to the original owner; in a way asking Tribunal; to decide as to who was entitled for compensation in respect of the said acquisition, whether the appellant or the respondent no. 2.