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1984 Supreme(SC) 345

A.P.SEN, E.S.VENKATARAMIAH, O.CHHINNAPPA REDDY
Union Of India – Appellant
Versus
United Collieries LTD. – Respondent


Advocates:
DALVIR BHANDARI, M.S.GUJRAL, N.M.GHATATE, R.N.Poddar, S.V.DESHPANDEY, U.R.Lalit

Judgment

SEN, J. :- This appeal by special leave directed against the judgment and order of a Division Bench of the Bombay High Court at Nagpur dated October 27, 1980 raises a question as to whether a staff car of the Technical Advisor to the North Chirimiri Collieries owned by respondent No. 1, the United Collieries Limited, which was nationalized under sub-s. (1) of S. 3 of the Coal Mines (Nationalization) Act, 1973 w.e.f. May, 1, 1973, was or was not covered by the definition of the term mine in S. 2(h)(xii) and therefore stood transferred to and became vested in, the Central Government free from all encumbrances.

2. It is common ground that the Ambassador car No. MHX 3771 was purchased by Messrs. Karamchand Thapar & Bros. (Coal Sales) Ltd., Delhi in the year 1966 and was transferred to respondent No. 1, United Collieries. Limited, the owners in relation to the North Chirimiri Collieries, and it was therefore the owner of the said vehicle. On and from the appointed day i.e. May 1, 1973, the rights, title and interest of the owners in relation to the coal mines specified in the Schedule stood transferred to, and became vested absolutely in, the Central Government free from all encu













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