Judgment

A.K. Mathur, J.—This appeal is directed against the order dated 27th September, 2002 passed by the Division Bench of the Gauhati High Court in WA 355/1999 whereby the Division Bench set aside the Order dated 7th September, 1999 passed by the learned single Judge in Civil Rule No. 3516/1997. Aggrieved against this Order, the present appeal has been filed by the appellant.

2. Brief facts which are necessary for disposal of this appeal are :

That the appellant is a successor-in-interest of the erstwhile Assam Railways and Trading Company Ltd. (for short ARTC) engaged in coal mining operation which was acquired by Central Government under the provisions of the Coal Mines (Nationalization) Act, 1973 (hereinafter referred to as the Act). The land involved in the proceeding was covered by the Dag Nos. 3042, 3043 and 3044 of Margherita town, Mouza - Makum. It may be relevant to mention here that ARTC was the erstwhile Company incorporated at London and it was operating this coal mines but after the Coal Mines (Nationalization) Act, 1973 coming into force the Central Government by virtue of sub-section (1) of Section 5 Central Government directed that right, title and interest of all