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Core Purpose

Notification under sub-section (1) of section 11 of the Coal Bearing Areas (Acquisition and Development) Act, 1957, vesting in Mahanadi Coalfields Limited land earlier vested in the Central Government, subject to specified terms and conditions.

Detailed Summary

Under S.O. 2009(E), dated 17th May 2024, the Ministry of Coal recites that land and rights measuring 1679.82 hectares (approximately 4150.84 acres), described in the Schedule to notification S.O. 1149(E) dated 7th March 2024 (Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii)), issued under section 9(1) of the Coal Bearing Areas (Acquisition and Development) Act, 1957 (20 of 1957), had vested absolutely in the Central Government under section 10(1) of the Act; Mahanadi Coalfields Limited (Jagruti Vihar, Burla, District Sambalpur-768020, Odisha), a Government company, is willing to comply with the terms and conditions the Central Government thinks fit to impose. Accordingly, in exercise of powers under section 11(1) of the Act, the Central Government directs that the land and all rights therein, with effect from 7th March 2024, shall vest in Mahanadi Coalfields Limited instead of continuing to vest in the Central Government, subject to conditions: (1) the company shall make all payments of compensation, interest and damages determined under the Act; (2) a Tribunal shall be constituted under section 14 to determine amounts payable, with related expenditure, including for legal proceedings, borne by the company; (3) the company shall indemnify the Central Government/officials against related expenditure; (4) the company may not transfer the land or rights without prior Central Government approval; and (5) the company must abide by further directions/conditions imposed by the Central Government. F. No. 43015/11/2022-LAIR, signed by Bhabani Prasad Pati, Joint Secretary.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-20052024-254253 EXTRAORDINARY PART II—Section 3—Sub-section (ii) PUBLISHED BY AUTHORITY No. 1911] NEW DELHI, FRIDAY, MAY 17, 2024/VAISAKHA 27, 1946 MINISTRY OF COAL NOTIFICATION New Delhi, the 17th May, 2024 S.O. 2009(E).—Whereas on the publication of the notification of the Government of India in the Ministry of Coal number S.O. 1149(E), dated the 7th March, 2024 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii), dated the 7th March, 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 lands measuring 1679.82 hectares (approximately) or 4150.84 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 Mahanadi Coalfields Limited, Jagruti Vihar, Burla, District Sambalpur -768020, Odisha (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 1679.82 hectares (approximately) or 4150.84 acres (approximately) and all rights in or over the said land so vested shall with effect from the 7th March, 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 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. 43015/11/2022-LAIR] BHABANI PRASAD PATI, Jt. Secy.

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