 bill no 7a· of 19'6 the coal bearing areas (acquisition anl) development) amendmen1' bill, 1966 a          ••                  i                      } - :" � bill            '  �  ' -  further to ·amend tm coal bearing area                                                (aequilition ancl =dne­                         lopment) act, 195'7   bz it enacted by parliament in the seventeenth                                                    year of the republic tjf india as follows: -    1        (i) this act may be called the coal bearing areu (acqui­sition and development) amendment act, 1966 short title and commen­cement 5        (2) it shall come into force on such date as the central gov-  ernment may, by notification in the official gbz:tte, appoint         z in the coal bearing areas (acquisition and development) act, amend-    1957 (hereinafter referred to as the principal act), in section 28,- ment of                                                                                                     section 28                ( a) in sub-section (3), for the portion beginning with "in10          respect of such land;" and ending with "or any part thereof", the following shall be and shan be deemed always to have been, substituted, namely:-"in respect of such land or of an~ights in or over such land; and the central government may at any time make a declaration under section 9 of this act in respect of the land 5 or any part thereof or any rights in or over such land or part"; (b) after sub-section (3), the following sub-section shall be, and shall be deemed always to have been, inserted, namely:-"(3a) where in respect of any land covered by any noti- 10 fication issued under seetion  of the said act no objection has been preferred under section 5a thereof within the period specified in that dection, then it shan be deemed that a notification had been -issued under section 7 of this act in respect of such land or of any rights in or over such land 15 and that no objection to the acquisition of the land or any rights in or over the land had been preferred under section 8 of this act and accordingly the central government may at any time make a declaration under section 9 of this act in respect of the land or any part thereof or any rights in 2) or over such land or part" validation of certain acquisitions 3 notwithstanding any judgment, decree or order of any court every acquisition of land or the rights in or over land made by the central government in pursuance of the ildtifications of the g:jvernment of india in the late ministry of steel mines and fuel (depart- 25 ment of mines and fuel) nos' so 1759 and so 25, dated the 7th august 1958, and the 22nd ~mber 1959 respectively, made under section 9 of the principal act, mall be, and shall be deemed always to have been, 'as valid as if the provisions of section 28 thereof as amended by this act were in force at all material times when such 30 acquisition was made and shall not be called in question in any court of law 'on the ground onlytbat ·before issuing sucb notiftcations no notification was issued under section 7 of the principal act in relation to the land or rights in or over such land covered by the said notifications nos so 1'159 and so 25  35 before the enactment of the coal bearing areas (acquisition and development) act, 1957 which came into force on the 12th june, 1957, proceedings for acquisition of land for the purpose of prospecting coal seams for the development of collieries to be owned and worked by the central government used to be taken under part ii of the land acquisition act, 1894 while under sub-section ( 1 ) of section 28 of the 1957 act notifications issued under section  of the 1894 act are treated as notifications issued under section 4 of the 1957 act, sub-section (3) of the said section 28 provides that any objection preferred under section 5a of the 1894 act shall be deemed to be an objection preferred under section 8 of the 1957 act ani lgh1 be disposed of as if the objection had been made in relation to - notification issued under section 7 of the 1957 act so that the central government might at any tune make a declaration under· section 9 of the 1957 act in respect of the land covered by such notification 2 in the acquisition proceedings in respect of two notifications (no so 1759, dated the 7th august, 1958 and no so 25, dated the 22nd december, 1959) out of the six notifications pending at the commencement of the 1957 act" no objections had been filed under section 5a of the 1894 act in a writ petition before the high court of madhya pradesh wherein the validity of the notification no so 1759, dated the 7th august, 1958 was challen~ the acquisition proceedings were declared illegal by that high court on the ground that the notification issued under section 9 of the 1957 act therein was not preceded by a notification under section 7 of that act giving ~ notice of the intention to acquire the lands concerned while section 28 of that act provides for a case where objections have been filed under section 5a of the 1894 act no provision exists therein to cover a case where no such objection had been filed and, therefore, the provisions of the said section 28 could not save the proceedings from being successfully challenged 3 it is therefore proposed to make suitable amendments in the act-(0) providing that in a case where no objections under section 5a of the 1894 act had been flied, action under section  i9 of the 1957 act could be taken as if a notification under aectien 7 of that act had been issued and no objection under section 8 thereof had been preferred;   (b) providing for validation of the acquisitions made undethe aforesaid notification nq so 1759, dated the 7th august; 1958 and under a similar notification no so 25, dated the 22n december, 1959, because the national coal deyelopment corp  ration limited in which the lands after acquisition, had been vested could not work the lands as a result of the high court decision and the coal production programme of the go~ernmedt w~ seriously hampered  • qpportunity has also been taken to make a alight verbal alterltwm·1n sub-section (3) of section 21 to brm, it in line wi'tb"t!le l _  woj;'ding of sections 7 and 9 5 the bill seeks to achieve the above objeeta new delhi; s k df!iy the 19th october, 1905  annexure extract nom thk coal bkaring auas (acq11lsition alfd dzvlllop- mdt) ac:r, 1957(20 or 1957) - - -_--  - 28 (1) - - - - - nowlcationa (3) any objection preferred under section 5a of the said act under in respect of any land covered by any notification issued under act if of section 4 of the said act shall be deemed to be an objection pre- ~::h:ro­ferred under section 8 of this act to the relevant comp~tent autho- ceedings rily arid may be disposed of by him as if the objection had been are pendmade in relation to a notification issued under section 7 of this act ing to be in respect of such land; and the central government may at any treatedt1  ·as no -time make a declaration under sectiob -8-af this act in respect of the ficatiodi land or any part t~ereaf under -  - - - - thii act a bill further to amend the coal bearing areas (acquisition and development) act,bill, 1957r j (shri skdevj minister of mines and mj etals)