KALI PRASAD AGARWALLA & OTHERS versus BHARAT COKING COAL LIMITED & OTHERS
The suit land, being adjacent to a coal mine and used for mining operations, falls within the statutory definition of 'mine' under the Coal Mines (Nationalisation) Act, 1973; therefore, the right, title, and interest of the owners stood transferred and vested absolutely in the Central Government, extinguishing the appellants' claim to title.
- Parties
- Appellant: Kali Prasad Agarwalla & Others; Respondent: Bharat Coking Coal Limited & Others
- Jurisdiction
- India
- Judgment Date
- 31 March 1989
- Procedural Posture
- Civil Appeal / Appeal From High Court Decision
- Outcome
- Appeal dismissed
- Legal Topics
- Vesting of Land Under Nationalization, Definition of 'mine' Under Statute, Extinguishment of Ownership Rights, Practice and Procedure
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Kali Prasad Agarwalla & Others
Appellant
Bharat Coking Coal Limited & Others
Respondent
Procedural Posture
Civil Appeal / Appeal From High Court Decision
Legal Issues
- 1 Whether suit land vested in Central Government under Coal Mines (Nationalisation) Act, 1973
- 2 Whether owners' right, title and interest extinguished upon vesting
- 3 Whether parties may retract from evidence let in
Ratio Decidendi
The suit land, being adjacent to a coal mine and used for mining operations, falls within the statutory definition of 'mine' under the Coal Mines (Nationalisation) Act, 1973; therefore, the right, title, and interest of the owners stood transferred and vested absolutely in the Central Government, extinguishing the appellants' claim to title.
Court Disposition
Appeal dismissed
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment