NORTH TELULMARI COLLIERY COMPANY Vs. UNION OF INDIA

JUDGEMENT

(1.) As in all these writ applications common questions of law are involved, these writ applications were taken up for hearing together and are being disposed of by this common judgment. In these writ applications a short question with regard to interpretation of Sec. 21(5) of the Coking Coal Mines (Nationalisation) Act, 1972 and Sec. 18(5) of the Coal Mines (Nationalisation) Act, 1973 (hereinafter referred to as "the 1972 Act' and '1973 Act' respectively arises for consideration.

(2.) The facts involved in these cases are short and not much in dispute. The petitioner in each case was owner of a coking coal mine or coal mine, as the case may be, within the meaning of provisions of aforementioned 1972 Act and 1973 Act. The mines of the petitioners were nationalised under the said Acts and the petitioners were to be paid an amount as mentioned in the schedule appended to the two respective Acts aforementioned.

(3.) According to the petitioners the interest payable to the owner of a coal mine is exclusively payable to him and no part thereof can be paid to any of the claimants and on that basis the petitioners filed applications before the respective commissioners of payments of the said interest accrued in that regard but the commissioner of payments refused to release the same on the ground that the matter relating to payment of interest is itself pending consideration before the Supreme Court of India as also this Court.