Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 5(1) 1973-Sections. 2(h) 3 Coal Mines (Nationalization) Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Coal Mines (Nationalization) Act, 1973-Sections. 2(h), 3, 5(1)-Right and title of erstwhile private company vesting in Government Company- Erstwhile private company becoming patta holder of land in question Declaring the land as 'sarkari' (Government) and allotting to private individual-Legality of-Held: Since after nationalization, the right, title and interest of all private company stood vested in Government Company, the finding is illegal. Appellant Company is a successor-in-interest of the erstwhile ARTC Ltd., a private mining company engaged in the, coal mining operations. On the nationalization of coal industry, the right, title and interest of all private mines including ARTC Ltd stood vested in Central Government and Central Government vested it in Coal Mines Authority Ltd. Appellant company, became the subsidiary of Coals Mines Authority Ltd. and its patta holder of the land in question. Dispute arose when Additional Deputy Commissioner made the land 'Sarkari' (Govt.) and settled the land in favour of private individual, respondent no. 1 aggrieved appellant challenged the legality of the declaration of land as 'Sarkari'. Single Judge held that since appellant had paid land revenue and Government recognised it as a lessee, the act of declaring it as Fout Ferrar and land as 'Sarkari' was not legal Division Bench reversed the order of Single Judge. In this appeal the questions which arose for consideration were whether the order of Additional Deputy Commissioner declaring ARTC Ltd. as Fout Ferrar and land as 'Sarkari' was legal and whether the whole leased area which has vested in Central Government falls within the definition of 'Mine' in Section 2(h) of the Coal Mines (Nationalization) Act, 1973. |
Judge | Hon'ble Mr. Justice A.K. Mathur |
Neutral Citation | 2005 INSC 227 |
Petitioner | North Eastern Coalfields Coal India Ltd. |
Respondent | Mubarak Ali And Ors. |
SCR | [2005] 3 S.C.R. 850 |
Judgement Date | 2005-04-21 |
Case Number | 8129 |
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