BHARAT COKING COAL LIMITED Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present writ petition has been preferred for quashing of the order dated 7.10.2003 passed by the Commissioner, North Chhotanagpur Division, Hazaribagh, the respondent no.2 herein, in C. N.T. Appeal No. 2/1998 whereby and whereunder the appeal filed by the respondent no.4 Sri Pradeep Kumar Bose under Rule 74 of the Chotanagpur Tenancy Rules, 1959 has been allowed. The further prayer is for confirmation of the order dated 5.12.1997 passed by the Settlement Officer, Dhanbad, the respondent no.3 herein, in case no. 163 of 1991 whereby and whereunder he has been pleased to allow the appeal of the petitioner by directing the opening of the Record under ownership of the petitioner in respect of the land situated at Mouza - Bhupatdih (Mouza No. 252) appertaining to Khata No. 20, Plot No. 169, measuring an area of 0.73 acres as vested land in the petitioner's company by virtue of the provisions contained in Section 3 of the Coal Mines (Nationalization) Act, 1973 specially in the light of the definition of ˜Mine' as contained in Section 2(h) (vii) of the said Act. The further prayer is for issuance of an appropriate writ, order or direction commanding upon the concerned respondents not to take any action and to forbear them from giving effect to and acting pursuant to or in furtherance of the order dated 07.10.2003 passed in C.N.T. Appeal No. 2/1998.

(2.) THE facts, in brief, are set out as under: One Profulo Chandra Mazumdar, Power of Attorney holder of Katras Raj Estate settled an area of 3.98 acres of land under Plot No.169, C.S. Khata No. 20 of Mouza -Bhupatdih in favour of Lalit Amulyo Mohan Basu on 26.9.1924 by a registered deed of Settlement vide Deed No. 3370, Mining and other allied purposes. On the death of Lalit Amulyo Mohan Basu the aforesaid land were inherited by N.K. Bose & Brothers and the private respondent no.4 is the legal heirs of N.K. Bose & Brothers. In the revisional survey records the said lands were recorded in the name of West Katras colliery which was nationalized under the Coal Mines (Nationalization) Act, 1973 which came into effect on 1.5.1973 and the same appears at Serial No. 207 in the Schedule to the Coal Mines (Nationalization) Act, 1973.

(3.) THE main contention raised by the learned counsel for the petitioner is that the right, title and interest in a mine or mining area used in relation to a mine vested in the Central Government Coal Companies free from all encumbrance and Katras Colliery also vested and was included in the Schedule and compensation having been paid no claim survives of the private respondent. The next contention raised is that Section 2(h) of the Coal Mines (Nationalization) Act, 1973 defines mine which is an inclusive definition. The next contention raised by the learned counsel for the petitioner is that the issue has been fully considered and settled by a Bench of three Hon'ble Judges of Hon'ble Supreme Court in the matter of M/s B.C.C.L. V/s. Madan Lal Agrawal reported in (1997) 1 SCC pg 177.