Judgement

HEGDE, J.: In this appeal by certificate the question for decision is whether the High Court of Patna was correct in its conclusion that the notification No. S. O. 2991 issued by the Union Government on October 9, 1963 under S. 4 (1)* of the Coal Bearing Areas (Acquisition and Development) Act, 1957, (No. 20 of 1957) - hereinafter called " the Act" - is violative of sub-s. (4) of that section.

* 4 (1) Whenever it appears to the Central Government that coal is likely to be obtained from land in any locality, it may, by notification in the Official Gazette, give notice of its intention to prospect or coal therein.

(2) .... .... .... .... .... ....

(3) .... .... .... .... .... ....

(4) In issuing a notification under this section, the Central Government shall exclude therefrom that portion of any land in which coal mining operations are actually being carried on in conformity with the provisions of any enactment, rule or order for the time being in force or any premises on which any process ancillary to the getting, dressing or preparation for sale of coal obtained as a result of such operations is being carried on are situate."

2. The facts of the case fall within a narrow comp