HC Awards 4 Farmers Rs25 Lakh Each in WCL Mining Dumping Case
mining-related damage
, the Nagpur bench of
Bombay high court
directed
Western Coalfields Limited
(WCL) to pay Rs25 lakh each as
interim compensation
for illegally dumping mining overburden on their private agricultural lands in
Chandrapur district
. The court observed that the company acted without legal authority and 'exploited' the petitioners by depriving them of the use of their land for several years.
The petitioners — Roopam Dhote, Shubham Donge, Rakhee Thakare, and Amol Dhawas — lawfully acquired land in village Naglon in 2015. Despite no formal acquisition by WCL, the company dumped nearly 2.16 lakh cubic meters of mining waste on the land, which subsequently became marshy and inaccessible. The landowners, represented by counsel Renuka Sirpurkar, approached HC in 2018, seeking compensation and restoration.
The division bench of justices Avinash Gharote and Abhay Mantri ruled that the specific survey numbers were not included in the 2011 acquisition notification issued under the Coal Bearing Areas (Acquisition and Development) Act. "Since the lands of survey numbers 61/5A, 61/5B, 61/5C, 61/5D are not included in the notification, they have not vested in the Central govt, and the petitioners continue to hold title," the judges stated.
Rejecting WCL's argument that the land was within a broadly described boundary, the court said, "We are of the considered opinion that the notification has to include the concerned survey number. Failure to include such number would result in the land being excluded from acquisition."
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The court strongly criticised WCL's shifting stance while noting that the company initially agreed to acquire the land but later claimed it was no longer required. "It can't be denied that the petitioners were deprived of the use of their lands at least from 2016 till 2022. The threat of the overburden flowing into the land during continuous rainfall is a continuous one, looming over the petitioners," the court observed.
Ordering the interim compensation, the bench noted, "We fix the tentative compensation to be paid to the petitioners for non-utilisation of the lands at Rs25 lakh per field, to be deposited by respondents within a week."
The judges emphasised that any further claims would require detailed evaluation in civil proceedings. "The actual compensation which the petitioners claim, would be required to be determined in appropriate proceedings, as there are claims and counter-claims, and contrary positions indicated in the reports."
Key takeaways from HC verdict:
- Lands owned by petitioners not acquired under 2011 Coal Bearing Areas (Acquisition and Development) Act notification
- Survey numbers not notified for acquisition, hence ownership remains with petitioners
- Unauthorized dumping of 2.16 lakh cubic meters of mining overburden by WCL on petitioners' land
- WCL's conduct exploitative and violation of property rights under Article 300A
- Interim compensation of Rs25 lakh per field to farmers, liberty to seek more
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