Judgment

HIDAYATULLAH, C.J.I. :- The National Coal Development Corporation Ltd., appeals against the judgment and decree of the High Court of Madhya Pradesh, D/- 15-11-1965) in an application under Article 226 of the Constitution. By the Judgment under appeal the appellants are restrained from carrying on deploring operations underneath the land of the respondent Manmohan Mathur in village Chirimiri in district Surguja in Madhya Pradesh.

2. The facts are as follows: Chirimiri is a coal-bearing area. On February 1, 1957 the Government of Madhya Pradesh, acting in exercise of the functions of the Central Government under the Land Acquisition Act, 1894 entrusted to it by the President under Article 258 (1) of the Constitution, issued notification under Section 4 (1) of the Land Acquisition Act stating that the lands specified in Chirimiri village were needed for the prospecting of coal seams for development of collieries by the Central Government. On June 8, 1957 the Coal Bearing Areas (Acquisition and Development) Act (XX of 1957) was enacted and was brought into force. On August 7, 1958 the Central Government purporting to act under Section 9 (1) of Act XX of 1957 issued a notificatio