CENTRAL COALFIELDS LTD Vs. STATE

JUDGEMENT

(1.) This petition under Arts. 226 and 227 of the Constitution of India, is directed against the order dt. 4-5-81 (Annexure-F), order dt. 30-9-81 (Annexure-J) and order dt. 9-6-82 (Annexure-K), passed by the Chairman, Special Area Development Authority (hereinafter referred to as 'SADA'), Singrauli, District Sidhi, Madhya Pradesh, for seeking directions that the provisions of Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (hereinafter referred to as the 'Adhiniyam'), are not applicable to the petitioner's property situated in Sidhi District (M.P.).

(2.) Short facts leading to this petition are as under: The petitioner is a subsidiary company of Coal India Limited. This Company, according to the petitioner, is a Government owned company, wholly financed and controlled by the Government of India and is registered under the Indian Companies Act, 1956. This Company, previously was known as National Coal Development Corporation limited. But, this name has been changed and now it is known as 'Central Coal Fields Limited.

(3.) For carrying on the mining operations, the petitioner company made application for acquiring lands of Singrauli Tahsil. These lands under S. 4 of the Coal Bearing Areas (Acquisition and Development) Act, 1957 (hereinafter referred as the 'Coal Act'), were notified as coal bearing area vide Notification S.C. No. 1552 dt. 6-5-75, published in Gazette of India, New Delhi, dt. 17-5-75. After due consideration of the report of the competent authority and the State Government of Madhya Pradesh, notification of acquisition of all rights in and over approximately 1857 acres of land in village Garda, Jatpur, Sarswa, Raja Tole, Sarswa Lal Tole, Mudwani and Nigahi was notified under S. 9 of the Coal Act.