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1962 Supreme(SC) 445

N. RAJAGOPALA AYYANGAR, J. C. SHAH, SYED JAFAR IMAM, J. R. MUDHOLKAR, B. P. SINHA, K. SUBBA RAO
State Of W. B. : Advocate General For The State Of M. P. : Advocate General For The State Of Punjab: Advocate General For The State Of Assam: Advocate General For The State Of Orissa: Advocate General For The State Of Madras: Advocate General For T – Appellant
Versus
Union Of India: Union Of India: Union Of India, Defendant: Union Of India, Defendant: Union Of India, Defendant: Union Of India, Defendant: Union Of India, Defendant: Union Of India, Defendant: Union Of India, Defendant: Union Of India, Defendant – Respondent


Advocates:
A.BANGANADHAM CHETTY, A.V.RANGAM, B.C.BARUAH, B.K.P.SINHA, B.SEN, BISHAN NARAIN, C.P.LAL, D.GOVERDHAN CHARY, DINBANDHU SAHU, G.S.PATHAK, H.N.SANYAL, I.M.SHROFF, K.S.Hajela, M.C.SETALVAD, M.K.BANERJI, N.S.BINDRA, NAUNIT LAL, P.D.MENON, P.K.BOSH, P.K.CHATTERJI, R.Ganapathy Iyer, R.H.Dhebar, S.C.BOSE, S.M.BOSE, S.M.Sikri

JUDGMENT

Sinha, C.J.I. (for himself, Imam, Shah, N. Rajagopala Ayyangar and Mudholkar JJ.)

This is a suit by the State of West Bengal against the Union of India for a declaration that Parliament is not competent to make a law authorising the Union Government to acquire land and rights in or over land, which are vested in a State, and that the Coal Bearing Areas (Acquisition and Development) Act (XX of 1957) - which hereinafter will be referred to as the Act - enacted by the Parliament, and particularly Sections 4 and 7 thereof, were ultra vires the legislative competence of Parliament, as also for an injunction restraining the defendant from proceeding under the provisions of these sections of the Act in respect of the coal bearing lands vested in the plaintiff. As will presently appear, the suit raises questions of great public importance, bearing on the interpretation of quite a large number of the Articles of the Constitution. In view of the importance of the questions raised in this litigation, notices were issued by this Court to all the Advocates-General of the States of India. In pursuance of that notice, the States of Assam, Bihar, Gujarat, Madras, Orissa, Punjab, Rajasthan a




















































































































































































































































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