HEADNOTE:

Consequent to the passing of the Coking Coal Mines (Emergency Provisions) Act, 1971, which was replaced by the Coking Coal Mines (Nationalisation) Act, 1972, the Coal Mines (Taking Over of Management) Act, 1973 and the Coal Mines (Nationalisation) Act, 1973, all coal mines known to exist in the country were nationalised, whether they are coking coal mines or non-coking mines. Along with them coke oven plants in or belonging to the mines were also nationalised. In addition twelve specified coke oven plants not belonging to the owners of the mines, but known to exist near about the mines were also nationalised. All other coke oven plants were left out of the scheme of nationalisation for private exploitation.

Sanjeev Coke Manufacturing Company, Bhowra Coke Company who were owners of the coke oven plants described in items 2 and 9 of the Second Schedule filed writ petitions in the Calcutta High Court challenging the inclusion of their coke oven plants in the Second Schedule as violative of the provisions of Article 14 of the Constitution. The writ petitions were withdrawn to the Supreme Court under Article139 A.

Dismissing the petitions, the Court

HELD: 1. It is not open to a c