CENTRAL COALFIELDS LTD. Vs. STATE OF M.P.

JUDGEMENT

(1.) AMENDMENT of the cause title is allowed. Intervention application is dismissed.

(2.) THIS appeal by special leave arises from the order of the Division Bench of the Madhya Pradesh High Court dated May 3, 1985 made in Misc. Pet. No. 1260/82. The appellant challenged in the above writ petition the directions dated 4.5.81, order dated 30.9.81 and a further order dated 9.6.82 passed by the second respondent -Chairman of Special Areas Development Authority (for short 'SADA'), Singrauli, in the District of Sidhi of M.P. directing the appellant under S. 26 of the M.P. Nagar Tatha Gram Nivesh Adhiniyam, 1973 (for short, 'Adhiniyam') to pull down the constructions of the office buildings staff -quarters etc. made by the appellant contrary to the provisions of the Adhiniyam. In the High Court, the controversy centered round the question as to whether the provisions of the Adhiniyam overlaps the field occupied by the provisions of the Coal Act, the Coal Bearing (Acquisition and Development) Act and Mines and Minerals (Regulations and Development) Act, 1957 (for short 'the Act'). The Division Bench held that these Acts have not occupied the field covered by the Adhiniyam and that, therefore, the Act is intra -vires the powers of the legislature. Accordingly, it dismissed the writ petition. Thus, this appeal by special leave.

(3.) SECTION 2 (c) of the Adhiniyam defines "building", S. 2 (d) defines "building operation", S. 2 (f) defines "development", S. 2 (g) defines "development map", S. 2 (i) defines "existing land use map", S. 2 (j) defines "land". A conspectus of these definitions would indicate that the Adhiniyam intends to apply to carrying out of the development of the building, engineering, mining or other operations in, on, over or under any land or the making of any material change in any building or land or in the use of either and includes sub -division of any land within the zoning plan and land use map made under the provisions of the Act.