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Core Purpose

Notification under sub-section (1) of section 11 of the Coal Bearing Areas (Acquisition and Development) Act, 1957 directing that coal-bearing land rights vested in the Central Government be vested instead in South Eastern Coalfields Limited, subject to specified terms and conditions.

Detailed Summary

This notification (S.O. 739(E), dated 16 February 2024), issued by the Ministry of Coal, follows the vesting of 1937.202 hectares (approximately 4786.82 acres) of land and rights in the Central Government under sub-section (1) of section 10 of the Coal Bearing Areas (Acquisition and Development) Act, 1957 (20 of 1957), pursuant to notification S.O. 4989(E) dated 20 November 2023 issued under section 9(1). Being satisfied that South Eastern Coalfields Limited (SECL), Seepat Road, Bilaspur, Chhattisgarh is willing to comply with imposed terms, the Central Government, exercising powers under sub-section (1) of section 11, directs that all rights in the said land shall, with effect from 20 November 2023, vest in SECL instead of continuing to vest in the Central Government, subject to five conditions: SECL must pay all compensation, interest and damages determined under the Act; a Tribunal shall be constituted under section 14 to determine such amounts, with related expenditure borne by SECL; SECL must indemnify the Central Government against other related expenditure; SECL cannot transfer the land or rights without prior Central Government approval; and SECL must abide by further directions the Central Government may issue. The notification is signed by Bhabani Prasad Pati, Joint Secretary.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-16022024-252160 EXTRAORDINARY PART II-Section 3-Sub-section (ii) PUBLISHED BY AUTHORITY No. 703] NEW DELHI, FRIDAY, FEBRUARY 16, 2024/MAGHA 27, 1945 1087 GI/2024 MINISTRY OF COAL NOTIFICATION New Delhi, the 16th February, 2024 S.O. 739(E).— Whereas, on the publication of the notification of the Government of India in the Ministry of Coal number S.O. 4989 (E), dated the 20th November, 2023, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii), dated the 20th 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 lands measuring 1937.202 hectares (approximately) or 4786.82 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 South Eastern Coalfields Limited, Seepat Road, Post Box No. 60, District Bilaspur-495006, Chhattisgarh (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 direct that the all rights of 1937.202 hectares (approximately) or 4786.82 acres (approximately) land in or over the said land so vested shall with effect from the 20th 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, 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 or 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 said land and the rights 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. 43015/6/2020-LAIR] BHABANI PRASAD PATI, Jt. Secy. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

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