The Coal Bearing Areas (Acquisition and Development) Act, 1957 (20 of 1957) provide for the acquisition of land containing or likely to contain coal deposits and for matters connected therewith. Under the provisions of this Act, the land is acquired for Government Companies only for coal mining and activities strictly incidental to mining purposes. For other requirements, like permanent infrastructure, offices, residence etc. the land is acquired under L.A. Act, 1894. Mining rights and surface rights of a single patch of land may not be acquired under different Acts.
Under the provision of the said Act, initially Government declares its intention to do exploration/ prospecting through a notification under Section 4(1). The validity period of notification under Section 4(1) is for two years, which can be extended by one more year through a separate notification.
Subsequently on completion of prospecting, by notification under Section 7(1) of the CBA Act, the Government declares its intention to acquire the land. The validity of notification under 7(1) is three years.
After the notification is issued under Section 7(1), Ministry invites objections, if any, from private land owners/ State Governments. On the disposal of objections, if any, filed by interested persons (land owners), by the Coal Controller's Office, the Government issues notification under Section 9(1) of the CBA Act for acquiring the land. Rights and titles of the land are transferred to Coal PSUs / Govt. Company by notification under Section 11(1) of the CBA (A&D) Act, 1957.
All notifications are issued to Govt. Press, for publication in the official Gazette of the Government of India, only after vetting by Legislative Department, Ministry of Law. Before referring it to Ministry of Law, approval of the Joint Secretary concerned in the Ministry of Coal is also taken for the subject proposal.
The described procedure and checklists of requisites under various notifications have been given here, to achieve unified and standard method for processing the proposals and eliminate avoidable delays.