A.P.SEN, O.CHHINNAPPA REDDY, V.R.KRISHNA IYER
Industrial Supplies Private LTD. – Appellant
Versus
Union Of India – Respondent
JUDGMENT
SEN, J. :— These appeals by special leave against a judgment of the Delhi High Court turn on the construction of certain provisions of the Coking Coal Mines (Nationalisation) Act, 1972.
2. The appeals raise a question of for reaching importance namely, whether a raising contractor of a coal mine is an owner within the meaning of sub-s. (1) of S. 4 of the Coking Coal Mines (Nationalisation) Act, 1972 (hereinafter referred to as the Nationalisation Act); and if so, whether the fixed assets like machinery, plants, equipment and other properties installed or brought in by such a raising contractor vest in the Central Government. They also give rise to a subsidiary question, namely, whether subsidy receivable from the erstwhile Coal Board established under S. 4 of the Coal Mines (Conservation, Safety and Development) Act, 1952 up to the specified date, from a fund known as Conservation and Safety Fund, by such raising contractor prior to the appointed day, can be realised by the Central Government by virtue of their powers under sub-sec. (3) of S. 22 of the Nationalisation Act, to the exclusion of all other persons including such contractor and applied under sub-s. (4) of S. 22
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