Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Coking Coal Mines (Nationalisation) Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Coking Coal Mines (nationalisation) Act, 1972 (36 of 1972) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Coking Coal Mines (Nationalisation) Act, 1972: Sections 3, 4, 5, 12A, 23 & 24-'Owner'-Who is-Compensation-Claim for--Apportionment of share-Guidelines for apportionment indicated. Respondent Nos. 1 and 2 were carrying on business as raising contractors and selling agents of Coking Coal of working coal mines. Pursuant to an agreement with the appellant-company appointing them as contractors to raise and sell coal and manufacture hard coke In respect of the unworked mines, they installed valuable machinery,utensils and coke ovens at a heavy cost. On the nationalisation of the coal mines by the Coking Coal Mines (Nationalisation) Act, 1972 all the mines vested In the Government. Respondent Nos. 1 and 2 filed a claim under s.26 of the Act before the 4th respondent, the Commissioner of Payment, the statutory authority constituted under the Act and also moved the High Court by way of a writ petition contending that they were also owners of some of the mines in dispute and were entitled to their shares in the compensation and prayed for a direction that they be paid compensation at the market value for machinery, plant, equipment, building, stores etc. A Division Bench of the High Court allowed the writ petition and held that respondent Nos. 1 and 2 were owners under the Act and directed respondent No. 4 to proceed with the claim according to law. |
Judge | Hon'ble Mr. Justice V. Khalid |
Neutral Citation | 1987 INSC 67 |
Petitioner | East India Coal Company Limited |
Respondent | East Bulliaree Kendwadih Colliery Co. P. Limited And Others |
SCR | [1987] 2 S.C.R. 484 |
Judgement Date | 1987-03-03 |
Case Number | 3118 |
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