Applicability of the 2013 Land Acquisition Act Schedules to Acquisitions Under the Coal Bearing Areas Act

sketch of the Bombay High Court
Case
TARUN S/O RUSHIRAJ HIRANWAR AND OTHERS v. THE GOVERNMENT OF INDIA, MINISTRY OF COAL, THR. ITS UNDER SECRETARY, NEW DELHI AND OTHERS (Bombay High Court, 15-09-2026)
Law
Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, Coal Bearing Areas (Acquisition and Development) Act, Constitution of India.

Highlights of the Judgment:

  • Analysis of Section 105(3) and Section 113 of the Right to Fair Compensation Act, 2013.
  • Interpretation of compensation determination under the First, Second, and Third Schedules for acquisitions under the Coal Bearing Areas Act, 1957.
  • Application of the doctrine of binding precedent under Article 141 of the Constitution of India.
  • Reconciliation of conflicting coordinate bench decisions with Supreme Court rulings in Mahanadi and P. Nagaraju.
  • Evaluation of executive orders issued under the guise of removing difficulties versus statutory mandates.