BHARAT COKING COAL LTD Vs. STATE

JUDGEMENT

(1.) - These two first appeals arising out of a common judgment dated 29-9-1982 passed by Sri Tarkeshwar Prasad, Additional Subordinate Judge, Dhanbad in Title Suit No. 43 of 1969, were heard together and are being disposed of by this common judgment.

(2.) One M/s. Bhowra Kankanee Collieries Ltd. incorporated and registered under the Companies Act, filed the aforementioned Title Suit No. 43 of 1969 under the following circumstances: - The said Company took a mining lease from the then landlord of Jharia Raj estate, Raja Durga Prasad Singh by virtue of a deed of Mokrari Mourashi Patta dated 18-12-1900, as a result whereof a lease of underground mining right of several villages including the village Gourkhunti was granted in favour of M/s. Betar Machnon and others, who accepted the said grant on behalf of the M/ s. Eastern Coal Co. Ltd. Cl. (5) of the said patta relates to the grant of lease of surface lands, the English translation whereof has been quoted in paragraph 2 of the plaint in the following terms :-

(3.) According to the plaintiff, pursuant to the aforementioned patta, M/ s. Eastern Coal Co. Ltd. entered into possession of the said leasehold and began to run a colliery commonly known as Bhowra Colliery. The plaintiff asserted that as in terms of the aforementioned patta, the lessees thereof became entitled to use the surface lands of Mauza Gourkhunti as well as the other Mauzas for using the same for coal mining operations, they occupied various surface lands in Mauza Gourkhunti for carrying on colliery works and had been using the same by constructing labour quarters, offices, bungalows, pits, engine houses, inclines, quarries, roads, tram lines and for other allied works which are necessary for running a colliery and carrying on coal mining business. Besides the aforementioned works, the Eastern Coal Company Ltd. constructed a power house for production of electrical energy to be supplied to its collieries and also constructed a Coke plant for manufacture of coke therein.