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1985 Supreme(MP) 301
High Court Of Madhya Pradesh
G. L. OZA, B. M. LAL
CENTRAL COALFIELDS LTD. - Appellant
Versus
STATE - Respondents
M. P. 1260 Of 1982
Decided On : 05/03/1985
A.M.MATHUR, M.K.KRISHNA MURTHY, O.P.NAMDEO, P.S.NAYAR, Y.S.DHARMADHIKARI
The provisions of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973, which regulate the construction of buildings and structures, are applicable to Central Coal Fields Limited, a Government-owned company engaged in coal mining operations, and the company is required to obtain permission from the Special Area Development Authority (SADA) for such constructions.
Headnote:
MADHYA PRADESH NAGAR TATH GRAM NIVESH ADHINIYAM, 1973 - Applicability to Central Coal Fields Limited - Construction of Buildings and Structures for Mining Operations - Exemption from Permission Requirement - Doctrine of Occupied Field - Interpretation of Relevant Provisions.
Fact of the Case:
Central Coal Fields Limited (petitioner), a Government-owned company, acquired lands in Singrauli District, Madhya Pradesh, for coal mining operations under the Coal Bearing Areas (Acquisition and Development) Act, 1957. The petitioner constructed buildings, colonies, and other structures for mining purposes without obtaining permission from the Special Area Development Authority (SADA), Singrauli, constituted under the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (Adhiniyam). SADA issued notices to the petitioner to demolish the unauthorized constructions.
Finding of the Court:
The Court held that the provisions of the Adhiniyam, which regulate the construction of buildings and structures, are applicable to the petitioner, and the petitioner is required to obtain permission from SADA for such constructions. The Court rejected the petitioner's arguments based on the doctrine of occupied field, exemption under Section 29 of the Adhiniyam, and the existence of constructions prior to the formation of SADA.
Issues: 1. Whether the provisions of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973, are applicable to Central Coal Fields Limited, a Government-owned company engaged in coal mining operations. 2. Whether the petitioner is required to obtain permission from the Special Area Development Authority (SADA) for the construction of buildings and structures for mining purposes. 3. Whether the doctrine of occupied field applies in this case, considering the enactment of Central Acts relating to mines and minerals. 4. Whether the petitioner is exempt from obtaining permission under Section 29 of the Adhiniyam, which exempts the Union Government from certain provisions of the Act. 5. Whether the existence of constructions prior to the formation of SADA exempts the petitioner from obtaining permission for such constructions.
Ratio Decidendi: 1. The Adhiniyam, which regulates the construction of buildings and structures, is a State law enacted under Entry 5 of List II of Schedule VII of the Constitution of India, which relates to Local Government. 2. The petitioner, although a Government-owned company, is a separate legal entity with a corporate personality distinct from that of the Government of India. Therefore, the petitioner is not entitled to the exemption provided under Section 29 of the Adhiniyam, which applies only to the Union Government. 3. The doctrine of occupied field does not apply in this case because the Adhiniyam and the Central Acts relating to mines and minerals have different objects and purposes. The Adhiniyam regulates municipal administration and construction activities, while the Central Acts focus on the regulation and development of mines and minerals. 4. The existence of constructions prior to the formation of SADA does not exempt the petitioner from obtaining permission for such constructions. The petitioner is required to comply with the provisions of the Adhiniyam and obtain permission from SADA for any construction activities.
Final Decision: The petition was dismissed, and the Court directed the petitioner to comply with the provisions of the Adhiniyam and obtain permission from SADA for any construction activities.
( 1 ) THIS petition under Arts. 226 and 227 of the Constitution of India, is directed against the order dt. 4-5-81 (Annexure-F), order dt. 30-9-81 (Annexure-J) and order dt. 9-6-82 (Annexure-K), passed by the Chairman, Special Area Development Authority (hereinafter referred to as 'sada'), Singrauli, District Sidhi, Madhya Pradesh, for seeking directions that the provisions of Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (hereinafter referred to as the 'adhiniyam'), are not applicable to the petitioner's property situated in Sidhi District (M. P. ).
( 2 ) SHORT facts leading to this petition are as under: The petitioner is a subsidiary company of Coal India Limited. This Company, according to the petitioner, is a Government owned company, wholly financed and controlled by the Government of India and is registered under the Indian Companies Act, 1956. This Company, previously was known as National Coal Development Corporation limited. But, this name has been changed and now it is known as 'central Coal Fields Limited.
( 3 ) FOR carrying on the mining operations, the petitioner company made application for acquiring lands of Singrauli Tahsil. These lands under S. 4 of the Coal Bearing Areas (Acquisition and Development) Act, 1957 (hereinafter referred as the 'coal Act'), were notified as coal bearing area vide Notification S. C. No. 1552 dt. 6-5-75, published in Gazette of India, New Delhi, dt. 17-5-75. After due consideration of the report of the competent authority and the State Government of Madhya Pradesh, notification of acquisition of all rights in and over approximately 1857 acres of land in village Garda, Jatpur, Sarswa, Raja Tole, Sarswa Lal Tole, Mudwani and Nigahi was notified under S. 9 of the Coal Act.
( 4 ) ACCORDING to the petitioner by virtue of notification under S. 9 of the Coal Act, all rights in the lands stated in the notification vested in the Central Government under the provisions of sub-sec. (1) of S. 10 of the Coal Act (free) from all incumbrances. Therefore, the rights and liabilities of the Central Government are deemed to be the rights and liabilities of the petitioner company pertaining to such lands under S. 11 of the Coal Act.
( 5 ) THE petitioner's contention is that in view of the provision of the Coal Act all rights in and over such lands have been acquired by the Central Government and as such the Central Coal Fields Ltd. , have full rights to carry on coal mines operations and construction of office buildings and residential quarters for its officers, staff workers and other building structures for other ancillary purposes for the development of the Coal which amounts to development of coal mines.
( 6 ) IT is further submitted by the petitioner that applications were also presented before the Collector. Sidhi for permission to acquire land situated in village Panjra for construction of office buildings and residential quarters for officers, staff and other workers. The Collector Sidhi fixed the amount of compensation for acquisition of the tenancy land and informed the General Manager of the petitioner-company to pay the compensation to the tenants and acquire the land. In this process 111 acres of land in village Panjra have been acquired by paying compensation to the land holders who in their turn executed 12 registered sale-deeds in favour of the petitioner. 130. 19 acres of land at village Panjra, belonging to State Government, have also been acquired by the petitioner company. This land was needed by the company for construction of the residential quarters etc.
( 7 ) PETITIONER further submitted that the Central Government under S. 17 of the Mines and Minerals (Regulation and Development) Act, 1957 (hereafter referred to as 'development Act') had acquired the mining rights in tenancy lands and Government land i. e. 111 acres and 130. 19 acres, respectively. Therefore, according to the petitioner these lands have also been vested with the petitioner company for min
