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Core Purpose

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

Detailed Summary

The Ministry of Coal issued a notification dated 18th June 2024 (S.O. 2357(E)), under sub-section (1) of Section 11 of the Coal Bearing Areas (Acquisition and Development) Act, 1957 (20 of 1957), directing that land measuring approximately 419.0496 hectares (34.2170 hectares for mining rights only and 384.8326 hectares for all rights), equivalent to about 1035.4715 acres, which had vested absolutely in the Central Government under Section 10 pursuant to notification S.O. 1013(E) dated 2nd March 2023, shall instead vest, with effect from 2nd March 2023, in Eastern Coalfields Limited (a Government company in District Paschim Bardhaman, West Bengal), subject to conditions including that the company bear all compensation, interest and damages, that a Tribunal be constituted under Section 14 to determine amounts payable to the Central Government, that the company indemnify the Central Government against related expenditure, and that it not transfer the land or rights without prior Central Government approval; signed by Bhabani Prasad Pati, Joint Secretary, under file no. 43015/18/2020-LAIR.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-19062024-254797 EXTRAORDINARY PART II-Section 3-Sub-section (ii) PUBLISHED BY AUTHORITY No. 2238] NEW DELHI, TUESDAY, JUNE 18, 2024/JYAISHTHA 28, 1946 3617 GI/2024 MINISTRY OF COAL NOTIFICATION New Delhi, the 18th June, 2024 S.O. 2357(E).— Whereas on the publication of the notification of the Government of India in the Ministry of Coal number S.O. 1013(E), dated the 02nd March, 2023 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii), dated the 02nd March, 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), only mining rights and all rights in or over the land 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, District Paschim Bardhaman, 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 land measuring 419.0496 hectares [ 34.2170 hectares for only mining rights and 384.8326 hectares for all rights] (approximately) or 1035.4715 acres [ 84.5502 acres for mining rights and 950.9213 acres for all rights ] (approximately) with mining rights and all rights in or over the said land so vested shall with effect from the 2nd March, 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 to the Central Government 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. 43015/18/2020–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. Digitally signed by GORAKHA NATH YADAVA GORAKHA NATH YADAVA Date: 2024.06.19 16:06:02 +05'30'

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