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1984 Supreme(SC) 231

A.N.SEN, P.N.BHAGWATI, RANGANATH MISRA
Central Coalfields LTD. : Bharat Coking Coal LTD. – Appellant
Versus
Bhubaneswar Singh – Respondent


Advocates:
Anip Sachthey, D.GOVERDHAN CHARY, L.N.Sinha, M.L.Verma, R.N.SACH, S.C.Malik Sayeed Uddin, SHANTI BHUSHAN

JUDGMENT

RANGANATH MISRA, J.:—Special Leave granted.

2. Respondent No. 1, a partnership firm, held a coking coal mine known as Tariya Colliery within the State of Bihar the management whereof was taken over under the Coking Coal Mines (Emergency Provisions) Ordinance of 1971 with effect from October 17, 1971, along with several other coking coal mines and some coke oven plants. The ordinance was in due course replaced by a statute bearing the same title (hereinafter referred to as the Management Act). Then came the Coking Coal Mines (Nationalisation) Act, 1971 (Nationalisation Act for short) which received Presidential assent on August 17, 1982, but under Section 1, sub-section (2) thereof, the statute was deemed to have come into force with effect from May 1, 1972. Under S. 3, sub-s. (a) of the Nationalisation Act, May 1, 1972 was the appointed day. Under the provisions of the Ordinance followed by the Management Act, ownership of the mines was not disturbed but management was taken over. Under the Nationalisation Act, the right, title and interest of the owner in the mines extinguished and became vested in the Central Government with effect from May 1, 1972. Under the Management A




















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