BHARAT COKING COAL LIMITED Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal by M/s Bharat Coking Coal Limited, a public sector undertaking, is directed against the judgment " of the Single Judge of the Patna High court, Ranchi bench, Ranchi dated 20/8/1987 whereby the Single Judge modified the decree passed by the 1st Additional Subordinate Judge, Dhanbad, dated 27/2/1976 by which the suit filed by the plaintiff (predecessor-in-interest of the appellant herein) was decreed. By the said order the State of Bihar was restrained from interfering with the possession of the appellant from the entire land of Khewat no. 1 I of Village Kenduadih.

(2.) The brief facts are that M/s East India Coal Company Limited (hereinafter referred to as 'the Company') , a joint stock company, had filed the suit, out of which the present appeal has arisen. The Company was carrying on coal mining operations in Village Kenduadih in the District of Dhanbad. After the enactment of Coking Coal Mines (Nationalisation) Act, 1972 a notification was issued by the central government by which the right, title and interest of the Company got vested in M/s Bharat Coking Coal Limited (in short 'bccl') which is an undertaking under the central government with effect from 1/5/1972. Accordingly BCCL was substituted in place of the erstwhile Company as the plaintiff in the suit.

(3.) The Company had taken a mining lease of an area of 627 bighas of land from Brahmottardars Gouri Prasad Singh Khawas and others on 14-12-1891 and was carrying on coal mining operations in the aforesaid area. Later, the Maharaja of Jharia disputed the said rights and the Company took a fresh mining lease from Maharaja of Jharia on 1-10-1894. Later on in 1911 the Company got the entire surface land of that village from three tenureholders on the basis of three registered deeds for purposes of extraction of coal etc. The various mining leases were for 999 years. The Company was recorded of those lands as Khewatdars in Khewat no. 1 I Tauzi No. 8.