BHUBANESHWAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ application has been filed on behalf of the petitioners, questioning the validity of the Coal Mines Nationalisation Laws (Amendment) Ordinance, 1986, primarily on the ground that it purports to nullify the judgment of this court in the case of central Coal Fields Ltd. v. Bhubaneswar Singh. The Ordinance has been replaced by the Coal Mines Nationalisation Laws (Amendment) Act, 1986.

(2.) In order to appreciate the controversy involved in this case, it is proper to refer to the background in which the aforesaid amending Act was passed. The Coking Coal Mines (Emergency Provisions) Ordinance was promulgated in the year 1971, which was replaced by the Coking Coal Mines (Emergency Provisions) Act, 1971. In view of Section 3 of the aforesaid Ordinance/act, management of all the Coking Coal Mines vested in the central government on and from 17/10/1971, being the appointed date. The central government appointed Custodians to take over the management of the Coking Coal Mines. Such Coking Coal Mines remained under the management of the central government through the Custodian during the period from 17/10/1971 to 30/4/1972. The Coking Coal Mines (Nationalisation) Act, 1972 came into force w. e. f. 1/5/1972, the appointed date. In terms of Section 4 of the said Act, on and from the appointed date the right, title and interest of the owners in relation to the Coking Coal Mines specified in the First Schedule stood transferred to and vested absolutely in the central government free from all encumbrances. The provisions of the Coking Coal Mines (Nationalisation) Act, 1972 as amended by the Coal Mines Nationalisation Laws (Amendment) Act, 1986 were challenged before this court in the case of Tara Prasad Singh v. Union of India -. A Constitution bench upheld the validity of the said Act.

(3.) Petitioner 1 (hereinafter referred to as 'the petitioner') was the owner of Turiyo Colliery, a Coking Coal Mine, listed under Serial No. 7 in the First Schedule of the Nationalisation Act. Along with other Coking Coal Mines, the management of the aforesaid Coking Coal Mine had been taken over by the central government on 17/10/1971 and it remained under the management of the central government up to 30/4/1972. During the period aforesaid, the ownership of the said Coking Coal Mine continued to remain with the petitioner. As such the central government and/or its Custodianwere to account to the petitioner, profit and loss during the aforesaid period while it was under the management of the Custodian.