BHARAT COKING COAL LTD Vs. MAHENDRA PAL BHATIA

JUDGEMENT

(1.) What was contemplated to be a summary proceeding for the eviction of unauthorized occupants from public premises under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as the "Act"), having turned out to be a frustrating legal marathon spread over a period of 38 years, eventually culminating in the High Court setting aside the orders of eviction passed under the Act, the Government Company which initiated the proceedings way back in 1984, has come up with the above appeal.

(2.) We have heard Mr. Anupam Lal Das, learned senior counsel appearing for the appellant and Mr. Shambo Nandy, learned counsel appearing for the respondents.

(3.) The Parliament enacted the Coal Mines (Nationalisation) Act, 1973, (hereinafter referred to as the "Nationalisation Act") providing for the acquisition and transfer of the right, title and interest of the owners in respect of coal mines specified in the Schedule. The Schedule to the Nationalisation Act contained a list of about 711 coal mines located in different parts of the country. The Schedule also contained the names and addresses of the owners of each of those mines and the amount payable to those owners in terms of Sec. 8 of the Nationalisation Act. Serial No.92 of the Schedule contained the name of the coal mine "East Godhur". The owner of the coal mine was indicated to be "East Godhur Colliery Company (Private) Limited, P.O. Dhandad" and the amount of compensation payable to the owner was also shown as Rs.4000.00.