Back
1986 Supreme(SC) 328
SUPREME COURT OF INDIA
P.N. Bhagwati, CJI., G.L.Oza, M.M.Dutt, Ranganath Misra, V.Khalid, JJ.
Lodha Colliery Company Limited: Sukumaran Nayar
Versus
Union Of India
Case No., 954 , 2256 , 132 of 1977, 4432 , 4678 of 1978, 340
Date of Decision, 9/18/86
Headnote:
Coal Mines (Nationalisation) Act, 1972 - Coal Mines (Nationalisation) Act, 1973 - Coal Mines (Nationalisation) Amending Act, 1976 - Amonding A.ct of 1978 - petitions challenge the constitutional validity of the Coking Coal Mines (Nationalisation) Act, 1972 and Coal Mines (Nationalisation) Act, 1973 [as amended by the Coal Mines Nationalisation Laws (Amendment) Act, 1978] - Question of constitutional validity of these two statutes as amended by Amonding A.ct of 1978 is covered by ratio of the decision of this court in Union of India where constitutional validity of a similar amending statute viz. Coal Mines (Nationalisation) Amending Act, 1976 was upheld by this court constitutional validity of these statutes as amended by Amending Act of 1978 must therefore be upheld on same parity of reasoning as set out in judgment – Held, Court would therefore dismiss all these Writ Petition and special leave petitions but court may make it clear that if there are any other points raised in these Writ Petition and special leave petitions we must not be deemed to have expressed any opinion on validity of those points and it will be open to petitioners to raise them in appropriate proceedings in High court - Interim order made by court in these Writ Petition on will continue to operate for a period of four weeks in order to enable petitioners to adopt appropriate proceedings in High court - Order accordingly
(1) THESE Writ Petition and special leave petitions challenge the constitutional validity of the Coking Coal Mines (Nationalisation) Act, 1972 and the Coal Mines (Nationalisation) Act, 1973 [as amended by the Coal Mines Nationalisation Laws (Amendment) Act, 1978]. The question of constitutional validity of these two statutes as amended by the Amonding A.ct of 1978 is covered by the ratio of the decision of this court in Tarn Prosad Singh v. Union of India where the constitutional validity of a similar amending statute viz. Coal Mines (Nationalisation) Amending Act, 1976 was upheld by this court, The constitutional validity of these statutes as amended by the Amending Act of 1978 must therefore, be upheld on the same parity of reasoning as set out in the judgment in Tara Prasad Singh case. We would, therefore, dismiss all these Writ Petition and special leave petitions but we may make it clear that if there are any other points raised in these Writ Petition and special leave petitions we must not be deemed to have expressed any opinion on tle validity of those points and it will be open to the petitioners to raise them in appropriate proceedings in the High court. The interim order made by the court in these Writ Petition on 2/08/1983 will continue to operate for a period of four weeks in order to enable the petitioners to adopt appropriate proceedings in the High court. There will be no order as to costs in these Writ Petition and special leave petitions.
