Nirmala SA vs MCL and Others

This petition seeks quashing of the award rendered in pursuance of notice Annexure-1 and direction to the Coal India Limited and Claims Commission not to disburse the compensation in pursuance of the award.

According to the petitioners, their property was acquired by Coal India Limited and Claims Commission was constituted for the purpose of determining the quantum of compensation. However, the private opposite parties have tried to withdraw the compensation determined by the Claims Commission. A title suit between the parties is pending before the Civil Judge (Sr. Division), Sundargarh.

Notice was issued and direction was also issued not to disburse the compensation amount upto 31.03.2013. The opposite parties are, Mahanadi Coalfields Limited, Claims Commission and private parties, against whom the petitioners have filed a title suit in respect of the acquired land.

Though no counter affidavit has been filed, we have heard Mr. P.K. Rath, learned counsel for the petitioners, Mr. S. Mohanty, learned counsel for opposite party No. 1-Mahanadi Coalfields Limited and Mr. U.K. Samal, learned counsel for the private opposite party Nos. 3 to 6.

Learned counsel for the private opposite party Nos. 3 to 6 has pointed out that the issue of compensation in respect of the land in question was gone into by this Court in judgment dated 13.11.2006 in W.P. (C) No. 11463 of 2003. Against the order of this Court, Mahanadi Coalfields Limited preferred an appeal before the Hon''ble Supreme Court. The Hon''ble Supreme Court approved a Scheme and appointed a former Judge of this Court as Chairman of the Commission to determine the genuine owners, amount of compensation payable and other issues. Report of the Commission was to be submitted directly to the Hon''ble Supreme Court for further direction. The order of the Hon''ble Supreme Court is reported in Mahanadi Coal Fields Ltd. and Another Vs. Mathias Oram and Others, . Accordingly, the Commission submitted its report in respect of the village Gopalpur which is the village in question in the present writ petition fixing the amount of compensation and the persons entitled thereto. The said report on due consideration, has been accepted vide order dtd. 19.4.2012 and treated as order of Hon''ble Supreme Court itself.

According to learned counsel for the petitioners, the petitioners had filed their claim in pursuance of the notice of the Commission, but they are not satisfied with the report of the Commission as the said report ignored the claim of the petitioners.

The Hon''ble Supreme Court having accepted the report in all respects and having made it to an order of the Hon''ble Supreme Court, this petition to interfere with the said report cannot be entertained by this Court.

Accordingly, this petition is disposed of.