SANJEEV COKE MANUFACTURING COMPANY versus BHARAT COKING COAL LTD. AND ANOTHER

SANJEEV COKE MANUFACTURING COMPANY versus BHARAT COKING COAL LTD. AND ANOTHER

The Coking Coal Mines (Nationalisation) Act, 1972 was enacted to give effect to State policy under Article 39(b) and is protected by Article 31C from challenge under Article 14. The inclusion of specified coke oven plants in the Second Schedule was justified and not discriminatory. Material resources of the community under Article 39(b) includes both private and public resources. Judicial review does not extend to the wisdom of nationalisation policy. The writ petitions fail and are dismissed.

Parties
Petitioner: Sanjeev Coke Manufacturing Company; Respondent: Bharat Coking Coal Ltd. and Another
Jurisdiction
India
Judgment Date
10 December 1982
Procedural Posture
Writ Petition / Final Judgment in Supreme Court After Withdrawal From Calcutta High Court Under Article 139 a
Outcome
Petitions dismissed
Legal Topics
Nationalisation, Article 14: Equality Before Law, Article 31 C: Immunity to Certain Laws, Article 39(b): Directive Principles, Judicial Review
Constitutional Law Administrative Law Mining Law Nationalisation Article 14: Equality Before Law Article 31 C: Immunity to Certain Laws Article 39(b): Directive Principles Judicial Review

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Parties

Sanjeev Coke Manufacturing Company

Petitioner

Bharat Coking Coal Ltd. and Another

Respondent

Procedural Posture

Writ Petition / Final Judgment in Supreme Court After Withdrawal From Calcutta High Court Under Article 139 a

Legal Issues

  1. 1 Whether inclusion of petitioners' coke oven plants in Second Schedule of Coking Coal Mines (Nationalisation) Act, 1972 violates Article 14 of Constitution.
  2. 2 Whether nationalisation scheme violates principles of equality.
  3. 3 Whether Act is protected under Article 31C for giving effect to Directive Principles under Article 39(b).

Ratio Decidendi

The Coking Coal Mines (Nationalisation) Act, 1972 was enacted to give effect to State policy under Article 39(b) and is protected by Article 31C from challenge under Article 14. The inclusion of specified coke oven plants in the Second Schedule was justified and not discriminatory. Material resources of the community under Article 39(b) includes both private and public resources. Judicial review does not extend to the wisdom of nationalisation policy. The writ petitions fail and are dismissed.

Court Disposition

Petitions dismissed

Orders

  • Petitions dismissed with costs quantified at Rs. 10,000/- in each case (majority judgment); dissent suggests no order as to costs.