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1982 Supreme(SC) 236

A.N.SEN, P.N.BHAGWATI, O.CHHINNAPPA REDDY, E.S.VENKATARAMIAH, BAHARUL ISLAM
Sanjeev Coke Manufacturing Company – Appellant
Versus
Bharat Coking Coal LTD. – Respondent


Advocates:
A.K.GANGULY, A.SUBASHINI, G.S.CHATTERJEE, L.N.Sinha, M.C.BHANDARE, M.L.Verma, MRIDULA RAY BHARDVAJ, S.N.KACKAR, SUKUMAR BOSE

Judgment

O. CHINNAPPA REDDY, J. :- In these cases, Sanjeev Coke Manufacturing Co. and Sunil Kumar Ray, representing the Bhowra Coke Company question the nationalisation of the Coke Oven Plants belonging to them.

2. The history of the legislation concerning the take-over of the Management and the Nationalisation of Coal Mines has been set out in some of the earlier judgments of this Court (Tara Prasad Singh v. Union of India), (1980) 3 SCR 1042 and it is not necessary for us to recall here that history in any great detail. The Coking Coal Mines (Emergency Provisions) Act, 1971, the Coking Coal Mines (Nationalisation) Act, 1972, the Coal Mines (Taking Over of Management) Act, 1973, and the Coal Mines (Nationalisation) Act, 1973 were respectively enacted in that order.

3. First came the Coking Coal Mines (Emergency) Provisions Act, 1971 which provided for the taking over of the management of coking coal mines and coke oven plants pending nationalisation of such mines and plants. Section 3 (1) of the Act declared that on and from the appointed day, the management of all coking coal mines shall vest in the Central Government. All coking coal mines which were known to exist were specified i
































































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