Judgment

O. CHINNAPPA REDDY, J. :- In these cases, Sanjeev Coke Manufacturing Co. and Sunil Kumar Ray, representing the Bhowra Coke Company question the nationalisation of the Coke Oven Plants belonging to them.

2. The history of the legislation concerning the take-over of the Management and the Nationalisation of Coal Mines has been set out in some of the earlier judgments of this Court (Tara Prasad Singh v. Union of India), (1980) 3 SCR 1042 and it is not necessary for us to recall here that history in any great detail. The Coking Coal Mines (Emergency Provisions) Act, 1971, the Coking Coal Mines (Nationalisation) Act, 1972, the Coal Mines (Taking Over of Management) Act, 1973, and the Coal Mines (Nationalisation) Act, 1973 were respectively enacted in that order.

3. First came the Coking Coal Mines (Emergency) Provisions Act, 1971 which provided for the taking over of the management of coking coal mines and coke oven plants pending nationalisation of such mines and plants. Section 3 (1) of the Act declared that on and from the appointed day, the management of all coking coal mines shall vest in the Central Government. All coking coal mines which were known to exist were specified in the First Schedule to the Act and Section 3 (2) declared that those were the coking coal mines whose management vested in the Central Government under sub-sec. (1). It was further provided that if any coal mine was found, after investigation made by the Coal Board, to contain coking coal, a declaration to the effect shall be made by the Board and thereupon the management of such mine shall vest in the Central Government and the mine shall be deemed to be included in the First Schedule. The idea clearly was not to leave out of the management of the Central Government any coking coal mine. The words mine, coking coal mine and "coke oven plant were separately defined in the Act. Mine was defined widely enough that coking coal mine would take within its expanse coke oven plants belonging to or in a mine. By the very force of the definition of mine, the management of coke oven plants belonging to or in coking coal mines also stood vested in the Central Government from the appointed day. This aspect of the matter will be considered in slightly greater detail when we refer to the provisions of the Coking Coal Mines Nationalisation Act. As one may well expect, there were some coke oven plants which were situated near about coking coal mines but which did not belong to the owners of such mines and the management of which did not, therefore, automatically vest in the Central Government along with the vesting of the management of the coking coal mines. It was apparently thought necessary and desirable that the management of such coke oven plants also should be taken over. Twelve such coke oven plants were identified and specified in the Second Schedule and by Section 7 of the Act the management of the coke oven plants specified in Second Schedule were declared to vest in the Central Government.

4. Next, the Coking Coal Mines (Nationalisation) Act, 1972 was enacted "to provide for the acquisition and transfer of the right, title and interest of the owners-of the coking coal mines specified in the First Schedule, and the right, title and interest of the owners of such coke oven plants as are in or about the said coking coal mines with a view to reorganising and reconstructing such mines and plants for the purpose of protecting, conserving and promoting scientific development of the resources of coking coal needed to meet the growing requirements of the iron and steel industry and for matters connected therewith or incidental thereto". By Sec. 4 of the Act the right, title and interest of the owners in relation to the coking coal mines specified in the First Schedule stands transferred to and vests absolutely in the Central Government. The First Schedule mentions the names of 214 coking coal mines, with their location and with the names and addresses of the owner