Lok Sabha Question No. 1064 (UNSTARRED), answered on 2023-07-26
Subject: Compensation and Royalty
Ministry: COAL
Asked by: Vijay Kumar Hansdak

## GOVERNMENT OF INDIA MINISTRY OF COAL

## LOK SABHA UNSTARRED QUESTION NO. 1064 TO BE ANSWERED ON 26.7.2023

Compensation and Royalty

## 1064. SHRI   VIJAY KUMAR HANSDAK:

Will the Minister of COAL be pleased to state:

(a) whether the Government is aware of the huge amount of compensation and Royalty that have not been paid yet by various coal companies to the State Government and land losers in Jharkhand;

(b) if so, the district-wise details of these companies who have not been paid the compensation amount to land losers and the Government in Jharkhand State; and

(c  )  whether  the  Government  will  ensure  to  fix  time-frame  to  clear  outstanding  payment including Royalty?

## ANSWER

## MINISTER OF PARLIAMENTARY AFFAIRS, COAL AND MINES (SHRI PRALHAD JOSHI)

(a)  and  (b):  Demands  for  land  compensation  (rent,  salami,  cess  etc.,)  has  been  raised  by Jharkhand  State  against  the    Government  land  under  the  leasehold  of  Central  Coalfields Limited (CCL) . As per State , these demands are based on,      Jharkhand State Govt circular issued vide ref no. 48/Ra dt. 03.01.2017 for lease bandobasti and the demand consists of rent, cess and salami, treating land    acquired under CBA Act (1957) as lease and also commercial rate of land is levied.

Against the above claim of Jharkhand Govt on such land, land compensation    amounting to INR  2532.55  Cr  has  been  paid  by  CCL  to  Govt.  of  Jharkhand  (GoJ)  against  acquired Government land, as advance under protest on different occasions for issuance of no objection certificate (NOC)/Forest Rights Act (FRA) and handover of Gair Mazarua Jungle Jhari, Gair Mazarua Aam and Gair Mazarua Khas (GMJJ/GMA/GMK) lands.

CCL is making payment as advance under protest on regular basis as per the demand of District Authorities raised on a particular area village wise, district wise and accordingly the payment is made to District Authorities from time to time.

District wise amount paid for GMK land (For NOC/FRA) as per demand of different Districts is given below:

| Payments made to Government of Jharkhand since 2020   | Payments made to Government of Jharkhand since 2020   | Payments made to Government of Jharkhand since 2020   | Payments made to Government of Jharkhand since 2020   | Payments made to Government of Jharkhand since 2020   |
|-------------------------------------------------------|-------------------------------------------------------|-------------------------------------------------------|-------------------------------------------------------|-------------------------------------------------------|
| Sl No.                                                | Year                                                  | Distt                                                 | Amounts Paid(Rs.)                                     | Remarks                                               |
| 1                                                     | 2020-21                                               | Ranchi                                                | 5981200000.00                                         | Revenue Department of GoJ                             |
| 2                                                     | 2021.22                                               | Ramgarh Hazaribag                                     | 2973088629.00 15534274.40                             | 859.867 Acres 7.018 Acres                             |
|                                                       |                                                       | Chatra                                                | 6000000000.00 2000000000.00                           | 987.73 Acres 488.64 Acres                             |
| 3                                                     | 2022-23                                               | Hazaribag Chatra Latehar                              | 1080962090.00 1135514577.34                           | 93.43 Acres 308.8068 Acres                            |

| Payment of Land Compensation Last 3 Years( Tenancy Land)   | Payment of Land Compensation Last 3 Years( Tenancy Land)   | Payment of Land Compensation Last 3 Years( Tenancy Land)   |
|------------------------------------------------------------|------------------------------------------------------------|------------------------------------------------------------|
| Sl. no.                                                    | Year                                                       | Amounts (Rs)                                               |
| 1                                                          | 2020-21                                                    | 20613177.84                                                |
| 2                                                          | 2021-22                                                    | 4546101.50                                                 |
| 3                                                          | 2022-23                                                    | 192724878.85                                               |
| 4                                                          | 2023-24 up to June                                         | 36371069.25                                                |
|                                                            |                                                            | 254255227.44                                               |

The difference in figures of Government of Jharkhand and CCL for outstanding dues regarding land compensation to the Govt. of Jharkhand and the reasons of making such payments under protest are as follows:-

- (i)    Rates as demanded by State Government is commercial rate, which is not applicable under the provisions of CBA Act, 1957.
- (ii) Despite requests made by CCL, joint verification of the acquired lands has not been done by the State Government authorities.
- (iii)    The  land  acquired  under  CBA  Act,  1957  vests  in  Govt  of  India  free  from  all encumbrances under Section 10(1) of CBA Act, 1957 and further in Govt. Company, i.e., CCL under Section 11(1) of the same Act and demand for payment of rent, cess and salami under lease Bandobasti is not consistent with the provisions of the Act.
- (c):    Matter pertaining to royalty is sub-judice.

******