BHUBANESHWAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner No. 1 partnership firm and owner of a coking coal mine known as Turiya Colliery before its nationalization has filed the present writ application claiming certain further payments from the respondents in relation to the period during which the management of their mine remained vested in the Central Government under the provisions of the Coking Coal Mines (Emergency Provisions) Act, 1971. It also calls for an interpretation and true scope and ambit of the provisions of Sections 21 and 22 of the Coking Coal Mines (Nationalisation) Act, 1972.

(2.) On October 17, 1971, the President Promulgated the Coking Coal Mines (Emergency Provisions) Ordinance, 1971 to provide for the taking over by the Central Government, in the public interest, of the management of 214 coking coal mines and 12 coke oven plants including the coal mine in question pending nationalisation of such mines. The Ordinance was replaced by the Coking Coal Mines (Emergency Provisions) Act, 1971, Thereafter, Parliament enacted the Coking Coal Mines (Nationalisation) Act, 1972 to complete the process of nationalisation of the coking coal mines and coke oven plants. It was entitled as 'An Act to provide for the acquisition and transfer of the right, title and interest of the owners of the coking coal mines specified in the First Schedule and the right, title and interest of the owners of such coke oven plants as are in or about the said coking coal mines with a view to re-organising and reconstructing such mines and plants for the purposes of protecting, conserving and promoting scientific development of the resources of coking coal needed to meet the growing requirement of the iron and steel industry and for matters connected therewith or incidental thereto.

(3.) I would now refer to some of the relevant provisions of the Nationalisation Act. The definition section defines various relevant items. Under Clause (f) thereof "Custodian" means the Custodian appointed under Sub-section (2) of Section 14, to take over, or carry on, the management of a coking coal mine or coke oven plant. Section 14 talks of the authority in which the management etc. of coking coal mines etc. would vest and under Clause (b) of Sub-section (1) thereof the management of coking coal mines or coke oven plant, is to vest in one or more Custodians appointed by the Central Government under Sub-section (2). Clause (i) of Section 3 defines 'mine' and in its very exhaustive and comprehensive definition in Sub-clause (xi) it also includes "all other fixed assets movable or immovable and current assets, belonging to a mine, whether within its premises or outside. "By an explanation appended to this provision it excludes from the purview of "Current assets" the dues from sundry debtors, loans and advances to other parties and investments, not being investments in the coking coal mine.