N.L.UNTWALIA, V.RAMASWAMI
Khas Karanpura Colliery Ltd. – Appellant
Versus
Union Of India – Respondent
Untwalia, J.
1. The petitioner, Khas Karanpura Colliery Limited, has obtained a rule from this Court against the respondent, the Union of India--the Ministry of Steel, Mines and Fuel,--to show cause why the notification No. S. O. 2991 dated 9th October, 1963, published in the Gazette of India dated October 19, 1903, a copy of which is annexure C to the writ application, be not quashed by grant of an appropriate writ and why the respondent be not restrained from taking any action on the strength of the said notification issued under Sec. 4(1) of the Coal Bearing Areas (Acquisition and Development) Act, 1957 (Central Act XX of 1957), hereinafter called the Act. Cause has been shown by the respondent by filing counter-affidavits sworn by some officers of the National Coal Development Corporation, a Government of India undertaking, for whose benefit the notification has been issued, and by the learned Government Advocate, who opposed the rule at the time of its hearing.
2. The petitioner claims to have obtained a mining lease of a block of land measuring approximately 1401 bighas in mauza Sael in the district of Hazaribagh on the terms and conditions mentioned in the Indenture
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