CENTRAL COAL FIELDS LIMITED HINDUSTAN STEEL LIMITED BOLANI ORES LIMITED ORISSA MINERALS DEVELOPMENT COMPANY LIMITED Vs. STATE OF ORISSA

JUDGEMENT

(1.) THESE four appeals by special leave have roots in Bolani Ores Ltd. v. State of Orissa (1 975) 2 SCR 138: (AIR 1975 SC 17). THESE are directed against the common judgment of the High Court of Orissa dated 30/08/1976 passed in Original Jurisdiction Cases Nos. 1266, 1267, 1222 and 1166 of 1975 : (reported in 1977 Tax LR 1894). Since the appellants have a common cause, these appeals can conveniently be disposed of by a common judgement without resorting to individual facts of each case.

(2.) THE appellants are limited companies engaged in mining activities in the State of Orissa. THEy hold large tracts of land in that State for the purpose. THEy have earmarked or enclosed these areas by various means, such as putting up of boundary pillars, erection of check-gates, digging of trenches, etc. THEy have also constructed approach roads in those areas to facilitate their mining operations. No member of the public is allowed to enter those lease-hold premises without prior permission. In order to carry out their activities the appellants put to use machinery within their lease-hold areas, of a variety. But instantly we are concerned directly with two of them, i.e., Dumpers of various denominations, and Rockers, which seemingly are similar to Dumpers but are heavier than those. Dumpers and Rockers, are known to carry bulk goods, building materials, mining products, agricultural and forestry products, earth, stones, bricks, concrete, mortar, etc., their structure being of simple design and easy to handle. Tripping is performed by releasing the locking device retaining tipping body. THE Dumper requires no more than a few seconds for the emptying of its tipping body and gives no trouble to the driver when being operated on uphill or downhill roads, with its load unbalanced or when the load refuses to slide out easily. THE description of the aforesaid machines have been taken from Bolani Ores case (AIR 1975 SC 17).

(3.) THE claims of the appellants before the High Court were:-