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1980 Supreme(SC) 197

A.P.SEN, O.CHHINNAPPA REDDY, V.R.KRISHNA IYER
Dejapada Das – Appellant
Versus
Union Of India – Respondent


Advocates:
A.K.GANGULY, A.K.SEN GUPTA, A.K.SRIVASTAVA, A.Subhashini, ARUN MADAN, B.P.SINGH, K.N.CHAUBEY, LAL NARAIN SINHA, M.K.BANERJI, M.P.Jha, Mukul Mudgal, NARESH K.SHARMA, P.K.CHATTERJI, S.K.Sinha, S.N.JHA, Udaipratap Singh, Y.S.Chitale

JUDGMENT

KRISHNA IYER, J.:—Survival after death is the expression that aptly describes these writ petitions relating to coal mining by private agencies long after a prohibitory legislation and an order by this Court repelling the challenges to the vires of that Act. Parliament by the Coal Mines (Nationalisation) Amendment Act, 1976 (Act No. LXVII of 1976) (for short, the 1976 Act) totally prohibited all mining of coal save by instrumentalities set out in S. 3, sub-sec. (3) which we may excerpt here:

(3) On and from the commencement of Section 3 of the Coal Mines (Nationalisation) Amendment Act, 1976.-

(a) no person, other than-

(i) the Central Government or a Government company or a corporation owned, managed or controlled by the Central Government or

(ii) a person to whom a sub-lease, referred to in the proviso to cl. (c), has been granted by any such Government, company or corporation, or

(iii) a company engaged in the production of iron and steel shall carry on coal mining operation, in India, in any form;

(b) excepting the mining leases granted before such commencement in favour of the Government, company or corporation, referred to in clause (a), and any sub-lease granted by any suc

























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