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Core Purpose

Notification under Section 11(1) of the Coal Bearing Areas (Acquisition and Development) Act, 1957 directing that land previously vested in the Central Government be re-vested in Central Coalfields Limited, subject to specified terms and conditions.

Detailed Summary

The Ministry of Coal issued S.O. 1757(E) dated 19th April 2024, reciting that pursuant to its earlier notification S.O. 387(E) dated 31st January 2024 issued under section 9(1) of the Coal Bearing Areas (Acquisition and Development) Act, 1957 (20 of 1957), land measuring approximately 42.88 hectares (105.97 acres) had vested absolutely in the Central Government free from all encumbrances under section 10(1) of the Act; now, in exercise of powers under section 11(1) of the Act, and being satisfied that Central Coalfields Limited, District Ranchi, Jharkhand (the Government company) is willing to comply with imposed terms, the Central Government directs that the said land and all rights therein shall, with effect from 31st January 2024, vest in the Government company instead of continuing to vest in the Central Government, subject to conditions requiring the company to pay compensation, interest and damages as determined under the Act, bear the costs of a Tribunal to be constituted under section 14 to determine such amounts and of related legal proceedings, indemnify the Central Government against other related expenditure, refrain from transferring the land without prior Central Government approval, and abide by further directions of the Central Government; the notification was issued under File No. 43015/4/2021-LAIR and signed by Bhabani Prasad Pati, Joint Secretary.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-19042024-253784 EXTRAORDINARY PART II—Section 3—Sub-section (ii) PUBLISHED BY AUTHORITY No. 1671] NEW DELHI, FRIDAY, APRIL 19, 2024/CHAITRA 30, 1946 MINISTRY OF COAL NOTIFICATION New Delhi, the 19th April, 2024 S.O. 1757(E).— Whereas on the publication of the notification of the Government of India in the Ministry of Coal number S.O. 387(E), dated the 31st January, 2024 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii), dated the 31st January, 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 measuring 42.88 hectares (approximately) or 105.97 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 Central Coalfields Limited, District Ranchi, Jharkhand (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 land measuring 42.88 hectares (approximately) or 105.97 acres (approximately) and all rights in or over the said land so vested shall with effect from the 31st January, 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 made 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 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. 43015/4/2021-LAIR] BHABANI PRASAD PATI, Jt. Secy.

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