JUDGMENT

KULDIP SINGH, J.:— The coal resources in the country have been brought under State ownership and control by the Coking Coal Mines (Nationalisation) Act, 1972 (hereinafter called the Coking Act) and the Coal Mines (Nationalisation) Act, 1973 (hereinafter called the Coal Act). These Acts completely divest the ownership rights in the mines from the owners to the Central Government. The Acts provide for payment of specified amount to each of the owners in lien of take-over. Out of the said amount the claims of the creditors of the owner and other liabilities against him are to be satisfied and the balance if any, is to be paid to the owner. The Acts further provide for accrual of interest on the payable amount for the procedural period. Section 18(5) of the Coal Act and Section 21(5) of the Coking Act provide that the interest accruing on the amount shall enure to the benefit of the owners of coal mines.

2. The short question for consideration in these appeals is whether the amount of interest which accrues under the Act is to be paid in its entirety to the owner or the same is also available along with the principal amount for disbursement to the claimants of the owner.

3. The provisions of the Coking Act and the Coal Act are identical. Both the Acts were enacted with the same object and purport, one relating to the Coking Coal mines and the other to the coal mines.

4. The learned Counsel at the hearing referred to the Coal Act. We may briefly notice the scheme of the said Act. Section2 gives definitions. Section 3 transfers the rights, title and interest of owners in relation to the coal mines and vests the same in the Central Government. Section 5 empowers the Central Government to direct vesting of such rights in a Government company. Section 6 makes the vesting of all properties in the Central Government free from mortgage, charge, lien or any other incumbrance. Section / provides that the Central Government or Government company shall not be liable for liabilities incurred by the owners prior to the take over. Under Section 8 the owner of every coal mine shall be given by the Central Government in cash and in the manner specified under the Act the amount mentioned in the Schedule to the Act. Section 9(2) provides for payment of simple interest at the rate of 4% from the date on which the Coal Act received the assent of the President up to the date when the amount is paid by the Central Government to the Commissioner. Section 17 provides for appointment of Commissioner of Payments by the Central Government for the purpose of disbursing the amounts payable to the owner of each coal mine. Section 18(l) lays down that the Central Government shall within 30 days from the specified date pay in cash to the Commissioner for payment to the owner of a coal mine, an amount specified in the Schedule and also other amount payable to the owner under Section 9. Section 18(2) provides further amount due to the owner in lieu of management of the coal mine by the Central Government and simple interest at the rate of 4% on such amount. Under Section 18(3) a deposit account is to be opened by the Central Government in favour of the Commissioner in the Public Account of India and every amount paid under the Act to the Commissioner has to be deposited by him to the credit of the said deposit account which is to be operated by the Commissioner. Section 18(4) directs the Commissioner to maintain separate records in respect of each coal mine in relation to which payments have been made to him under the Act. Section 18(5) provides that interest accruing on the amounts standing to the credit of the deposit account shall ensure to the benefit of the owners of coal mines and shall also be payable to the Commissioner in addition to the sum referred to in sub-section (1). Under Section 20 every person having a claim against the owner of a coal mine has to prefer such claim before the Commissioner within thirty days, from the specified date. Sections