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Core Purpose

Notification under Section 11(1) of the Coal Bearing Areas (Acquisition and Development) Act, 1957, vesting previously acquired coal-bearing land in Patratu Vidyut Utpadan Nigam Limited subject to specified conditions.

Detailed Summary

Exercising powers under sub-section (1) of Section 11 of the Coal Bearing Areas (Acquisition and Development) Act, 1957 (20 of 1957), the Ministry of Coal (S.O. 23(E), dated 1 January 2024) directs that land measuring 424.69 hectares (approximately 1049.43 acres), which had vested absolutely in the Central Government under Section 10(1) of the Act pursuant to the earlier notification S.O. 4197(E) dated 22 September 2023, shall instead, with effect from 22 September 2023, vest in Patratu Vidyut Utpadan Nigam Limited, registered and head office at Core-7, NTPC Bhawan, Scope Complex, Lodhi Road, New Delhi-110003, a joint venture of NTPC Limited and Jharkhand Bijli Vitran Nigam Limited, which the Central Government is satisfied is willing to comply with imposed terms; conditions include the Government company's liability for all compensation, interest and damages determined under the Act, bearing all expenditure of a Tribunal constituted under Section 14 to determine such amounts and of related legal proceedings, indemnifying the Central Government against other related expenditure, being barred from transferring the vested rights without prior Central Government approval, and complying with further directions the Central Government may impose. Signed by Bhabani Prasad Pati, Joint Secretary (F. No. 43015/14/2021-LAIR).

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-02012024-251091 EXTRAORDINARY PART II-Section 3-Sub-section (ii) PUBLISHED BY AUTHORITY No. 21] NEW DELHI, MONDAY, JANUARY 1, 2024/PAUSHA 11, 1945 MINISTRY OF COAL NOTIFICATION New Delhi, the 1st January, 2024 S.O. 23(E). Whereas, on the publication of the notification of the Government of India in the Ministry of Coal, number S.O. 4197(E), dated the 22nd September, 2023, published in the Gazette of India, Extraordinary, Part II, section 3, sub-section (ii), dated the 22nd September, 2023, issued under sub-section (1) of section 9 of the Coal Bearing Areas (Acquisition and Development) Act, 1957 (20 of 1957) (hereinafter referred to as the said Act), the land and all rights in or over the lands measuring 424.69 hectares (approximately) or 1049.43 acres (approximately) described in the Schedule appended to the said notification (hereinafter referred to as the said land) vested absolutely in the Central Government free from all encumbrances under sub-section (1) of section 10 of the said Act; And, whereas, the Central Government is satisfied that the Patratu Vidyut Utpadan Nigam Limited, Registered Office and Head Office, Core-7, NTPC Bhawan, Scope Complex, Lodhi Road, New Delhi-110 003 (A Joint Venture of NTPC Limited and Jharkhand Bijli Vitran Nigam Limited) (hereinafter referred to as the Government company) is willing to comply with such terms and conditions as the Central Government thinks fit to impose in this behalf; Now, therefore, in exercise of the powers conferred by sub-section (1) of section 11 of the said Act, the Central Government hereby directs that the said land measuring 424.69 hectares (approximately) or 1049.43 acres (approximately) with all rights in or over the said land so vested, shall with effect from 22nd September, 2023, instead of continuing to so vest in the Central Government shall vest in the Government company subject to the following terms and conditions, namely:- (1) The Government company shall make all payments in respect of compensation, interest, damages and the like as determined under the provisions of the said Act and other relevant laws; (2) A Tribunal shall be constituted under section 14 of the said Act, for the purpose of determining the amounts payable by the Government company under condition (1) and all expenditure incurred in connection with any such Tribunal and persons appointed to assist the Tribunal shall be borne by the Government company and similarly, all expenditure incurred in respect of all legal proceedings like appeals, etc., for or in connection with the rights in or over the said land so vested, shall also be borne by the Government company; (3) The Government company shall indemnify the Central Government and its officials against any other expenditure that may be necessary in connection with any proceedings by or against the Central Government or its officials regarding the rights in or over the said land so vested; (4) The Government company shall have no power to transfer the aforesaid rights in the said land so vested to any other persons without the prior approval of the Central Government ; and (5) The Government company shall abide by such directions and conditions as may be given or imposed by the Central Government for particular areas of the said land as and when necessary. [F. No. 43015/14/2021–LAIR] BHABANI PRASAD PATI, Jt. Secy.

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