VALLEY REFRACTORIES PVT LTD Vs. K S GREWAL

JUDGEMENT

(1.) THE principal question which fat is for determination in this appeal is whether a weighbridge said to be belonging to the Appellant/petitioner can be termed to be a "mine" within the meaning of section 2 (h) of the Coal mine Nationalisation Act, 1973 and consequent vesting of the same on to the Central Government in terms of Section 3 of the Nationalisation Act. The Learned Single Judge however rejected the contention of the writ petitioner and dismissed the writ petition.

(2.) THE Appellant/petitioner contended that the weighbridge is situated on a plot of land on which a refractory plant has been installed by the petitioner no. 1 and the weighbridge was used by all and sundry including Nerho Collieries. In the counter affidavit filed by one Nirmal Chandra Das affirmed on 28th August 1973 on behalf of the respondents, it has been stated that it is situated within the leasehold area of Mehra collieries, the management of which admittedly was taken over by the Coal Mines Authority.

(3.) IN order to appreciate the contentions it is necessary to refer to some of the provisions of the Nationalisation act, 1973. Section 2 (b) of the Act of 1973 provides that "coalmines" means a mine in which there exists one or more types of coal. The expression "mine" has been defined in Section 2 (h) and means any excavation where any operation for the purpose of searching for or obtaining minerals has been or is being carried on and includes; (vi) all lands, buildings, works, sites, levels, places, machinery and equipment, instruments, stores vehicles, railways, tramways and. siding in, or adjacent to, a mine and used for the purpose of the mine; (vii) all workshops including buildings, machinery, instruments, stores, equipment of such workshops and the lands on which such workshops stand) in, or adjacent to, a minoana used substantially for the purpose of the mine or a number of mines under the same management. . (xii) all I other assets, movable1 and immovable, belonging to the owner of a mine, wherever situated, and carry on assets, belong to mine whether within its premises of out side and also any money lawfully due to such owner in relation to the mine in respect of any period prior to the appointed date. Section 3 of the Nationalisation Act reads as follows:-Acquisition of rights of owners in respect of coal mines: on the appointed day, the right, title and interest of the owners in relating to the coal mines, specified in the schedule stall stand transferred to, and shall vest absolutely in, the Central Government free from all incumbrances. (2) For the removal of doubt's, it is hereby declared that if, after the appointed day, the existence of any other coal mine come:. ; to the knowledge of the1 Central Government, the provisions of Coal Mines (Taking Over of Management) Act, 1973, shall until that mine is nationalised by an appropriate legislation, apply to such mine.