MADAN MOHAN VADEHRA Vs. BHARAT COKING COAL LTD.

JUDGEMENT

(1.) THE petitioner has challenged the Eviction Case No. 91 of 1997 initiated against him under Public Premises (Eviction of Unauthorised Occupants) Act, 1971 on the ground that the summary proceeding is not maintainable in the facts and circumstances of the case.

(2.) THE dispute relates to land measuring 0.2.7 decimals out of 3 acres 68 decimals of Khata No. 23, Khewat No. 2 in Mouza -Pandedih.

(3.) THE case of respondents is that the writ petition is premature and petitioner may file and pursue objection before the authority. Further case of respondents, M/s. BCCL is that in the C.S. Khatian, records of right prepared in the year 1925 it is recorded to be owned by M/s. Bengal Coal Company Limited. The lands vested with respondent No. 1, Company - M/s. BCCL on the enactment of the Coal Mines Nationalisation Act 1972. The landed property in question has been vested absolutely and free from all encumbrance in favour of respondent No. 1, Company as per extended definition of "Mines" as defined in the relevant Coal Mines Nationalisation Act, 1972 and as per the decision of the Supreme Court in Bharat Coking Coal Limited v. Madan Lal Agrawal, reported in (1997) 1 SCC 177.