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Core Purpose

Notification under Section 11 of the Coal Bearing Areas (Acquisition and Development) Act, 1957 vesting acquired coal-bearing land in Eastern Coalfields Limited.

Detailed Summary

The Ministry of Coal, by notification S.O. 4557(E) dated 17th October 2024, recites that by earlier notification S.O. 3101(E) dated 2nd August 2024 issued under sub-section (1) of Section 9 of the Coal Bearing Areas (Acquisition and Development) Act, 1957 (20 of 1957) the scheduled land had vested absolutely in the Central Government free from all encumbrances under sub-section (1) of Section 10, and that Eastern Coalfields Limited, Sanctoria, Post Office Dishergarh, District Paschim Bardhaman, West Bengal (the Government Company) is willing to comply with such terms as the Central Government imposes; the Central Government, exercising powers under sub-section (1) of Section 11, directs that the land, measuring approximately 146.62 hectares (362.1514 acres), shall with effect from 2nd August 2024 vest in Eastern Coalfields Limited instead of continuing to vest in the Central Government, subject to conditions that the company: (1) pay all compensation, interest and damages determined under the Act; (2) bear the expenditure of a Tribunal to be constituted under Section 14 to determine amounts payable, and of related legal proceedings; (3) indemnify the Central Government against other related expenditure; (4) not transfer the land without prior Central Government approval; and (5) abide by further directions of the Central Government; the notification is signed by Bhabani Prasad Pati, Joint Secretary, under File No. 43015/2/2023-LAIR.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-18102024-258063 EXTRAORDINARY PART II-Section 3-Sub-section (ii) PUBLISHED BY AUTHORITY No. 4193] NEW DELHI, THURSDAY, OCTOBER 17, 2024/ASVINA 25, 1946 MINISTRY OF COAL NOTIFICATION New Delhi, the 17th October, 2024 S.O. 4557(E).—Whereas on the publication of the notification of the Government of India in the Ministry of Coal, number S.O. 3101 (E) dated the 02nd August, 2024, published in the Gazette of India, Part II Section 3, Sub-section (ii), dated the 02nd August, 2024, 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 described in the Schedule appended to the said notification (hereinafter referred to as the said lands) 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 Dishergarh, 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 146.62 hectares (approximately) or 362.1514 acres (approximately) and all rights in or over the said land so vested shall with effect from the 02nd August 2024 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 etc. 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 said 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 vesting, 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 person 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. 43015/2/2023-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. SARVESH KUMAR RUMAR SHIMASTAY SARVESH gitally signed by SRIVASTAVA Date: 2024.10.18 22:33:09 +0530

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