M/S BHARAT COKING COAL LTD. versus MAHENDRA PAL BHATIA AND ORS.

M/S BHARAT COKING COAL LTD. versus MAHENDRA PAL BHATIA AND ORS.

Because the statutory definition of 'mine' in Section 2(h) of the Nationalisation Act is sufficiently wide to include lands and buildings used for management, liaison or residence 'wherever situated', such land, if falling within that definition, stood transferred and vested in the Central Government under Section 3(1) irrespective of private ownership; on the facts the disputed property fell within that definition and the High Court's orders setting aside eviction were contrary to the statutory prescriptions and were set aside.

Parties
Appellant: M/S Bharat Coking Coal Ltd.; Respondents: Mahendra Pal Bhatia and Ors.
Jurisdiction
India
Judgment Date
01 April 2022
Procedural Posture
Civil Appeal No. 5377 of 2015 / Appeal From Judgment of the High Court of Jharkhand Dated 19.02.2015 (l.p.a. No. 272 of 2013)
Outcome
Appeal allowed
Legal Topics
Definition of 'mine' Under Section 2(h), Vesting of Rights Under Section 3(1) of the Nationalisation Act, Eviction of Unauthorized Occupants Under the Public Premises Act, Effect of Nationalisation on Privately Owned Land
Coal Mines (nationalisation) Act, 1973 Public Premises (eviction of Unauthorised Occupants) Act, 1971 Property Law Statutory Interpretation Definition of 'mine' Under Section 2(h) Vesting of Rights Under Section 3(1) of the Nationalisation Act Eviction of Unauthorized Occupants Under the Public Premises Act Effect of Nationalisation on Privately Owned Land

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Parties

M/S Bharat Coking Coal Ltd.

Appellant

Mahendra Pal Bhatia and Ors.

Respondents

Procedural Posture

Civil Appeal No. 5377 of 2015 / Appeal From Judgment of the High Court of Jharkhand Dated 19.02.2015 (l.p.a. No. 272 of 2013)

Legal Issues

  1. 1 Whether the disputed property fell within the definition of 'mine' under Section 2(h) of the Coal Mines (Nationalisation) Act, 1973
  2. 2 Whether land falling within the definition of 'mine' vested in the Central Government under Section 3(1) irrespective of private ownership
  3. 3 Whether factual findings (e.g. Commissioner’s report, distance from colliery) precluded vesting and consequent eviction

Ratio Decidendi

Because the statutory definition of 'mine' in Section 2(h) of the Nationalisation Act is sufficiently wide to include lands and buildings used for management, liaison or residence 'wherever situated', such land, if falling within that definition, stood transferred and vested in the Central Government under Section 3(1) irrespective of private ownership; on the facts the disputed property fell within that definition and the High Court's orders setting aside eviction were contrary to the statutory prescriptions and were set aside.

Court Disposition

Appeal allowed

Orders

  • Impugned orders of the High Court dated 19.02.2015 setting aside eviction set aside
  • Writ petition filed by the respondents is dismissed