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Core Purpose

Order under sub-section (1) of Section 11 of the Coal Bearing Areas (Acquisition and Development) Act, 1957, directing that land measuring 38.20 hectares previously vested in the Central Government be vested instead in Eastern Coalfields Limited, subject to specified conditions.

Detailed Summary

Order S.O. 62(E), dated 4th January 2024, issued by the Ministry of Coal, recites that under prior notification S.O. 5064(E) dated 28th November 2023, issued under sub-section (1) of Section 9 of the Coal Bearing Areas (Acquisition and Development) Act, 1957 (20 of 1957), land measuring approximately 38.20 hectares (94.39 acres) vested absolutely in the Central Government under Section 10(1); that Eastern Coalfields Limited, Sanctoria, Post Office Disergarh, District Paschim Bardhaman, West Bengal (the "Government Company") agreed to comply with conditions the Central Government thinks fit to impose. In exercise of powers under Section 11(1), the Central Government directs that, with effect from 28th November 2023, the said land shall vest in the Government Company instead of continuing to vest in the Central Government, subject to conditions that the Government Company shall: (1) make all compensation, interest and damages payments; (2) bear costs of a Tribunal constituted under Section 14 to determine such amounts and of related legal proceedings; (3) indemnify the Central Government against related expenditure; (4) not transfer the vested rights without prior Central Government approval; and (5) abide by further directions of the Central Government. File No. 43015/04/2022-LAIR, signed by Bhabani Prasad Pati, Joint Secretary.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-04012024-251159 EXTRAORDINARY PART II-Section 3-Sub-section (ii) PUBLISHED BY AUTHORITY No. 57] NEW DELHI, THURSDAY, JANUARY 4, 2024/PAUSHA 14, 1945 2 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II-SEC. 3(ii)] MINISTRY OF COAL ORDER New Delhi, the 4th January, 2024 S.O. 62(E).─Whereas on the publication of the notification of the Government of India in the Ministry of Coal number S.O. 5064(E), dated the 28th November, 2023 Published in the Gazette of India, Extraordinary, Part II, section 3, sub-section (ii), dated the 28th November, 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 land measuring 38.20 hectares (approximately) or 94.39 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 Eastern Coalfields Limited, Sanctoria, Post Office Disergarh, District Paschim Bardhaman — 713333 (West Bengal) (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 38.20 hectares (approximately) or 94.39 acres (approximately) with all rights in or over the said land so vested, shall with effect from 28th November, 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 and the like 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 or over 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. 43015/04/2022-LAIR] BHABANI PRASAD PATI, Jt. Secy.

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