ANAND PRASAD SINHA, LALIT MOHAN SHARMA
Managing Director, National Coal Development Corporation Ltd. – Appellant
Versus
State Of Bihar – Respondent
LALIT MOHAN SHARMA, J.
1. The common question which arises in these three writ cases is as to whether the petitioner-company is liable to pay to the State of Bihar Dead Rent by reason of the provisions of Sec.18A of the Coal Bearing Areas (Acquisition and Development) Act, 1957 (hereinafter referred to as the Acquisition Act).
2. With the object to establish greater public control over the Coal Mining Industry and its development, the Acquisition Act was passed in 1957. The Central Government has been authorised to make a declaration under Section 9 of the Act that any land or any rights in or over such land should be acquired. On the publication of such a declaration in the official gazette, the rights in or over the land, as the case may be, by virtue of Sec.10, vest absolutely in the Central Government free from all encumbrances. The sub-section (2) of Sec.10 provides that where any person has got rights under any mining lease, the Central Government shall be deemed to have become the lessee under the State Government. The provisions of Sec.11 empower the Central Government to direct that the land or the rights in or over the land shall instead of vesting in the Central
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