NORTH EASTERN COALFIELDS COAL INDIA LTD. versus MUBARAK ALI AND ORS.

NORTH EASTERN COALFIELDS COAL INDIA LTD. versus MUBARAK ALI AND ORS.

After nationalization, all rights, title, and interest of the erstwhile private mining company vested in Central Government. The declaration by Additional Deputy Commissioner, Tinsukia, of land as 'Sarkari', was illegal and without jurisdiction as it ignored statutory provisions and the vested rights. The definition of 'mine' under Section 2(h) is wide enough, but the question whether entire leased area falls within the definition is a matter for inquiry, which must be conducted after due notice.

Parties
Appellant: North Eastern Coalfields Coal India Ltd.; Respondent: Mubarak Ali; Respondent: Corporate Law Group
Jurisdiction
India
Judgment Date
21 April 2005
Procedural Posture
Civil Appeal / Supreme Court Appeal From Division Bench Judgment of Gauhati High Court
Outcome
Appeal allowed
Legal Topics
Vesting of Property Under Nationalization, Legality of Government Declaration of Land as 'sarkari', Definition of 'mine' Under Coal Mines (nationalization) Act, 1973, Land Revenue and Lease Rights Post Nationalization
Property Law Mining Law Administrative Law Vesting of Property Under Nationalization Legality of Government Declaration of Land as 'sarkari' Definition of 'mine' Under Coal Mines (nationalization) Act, 1973 Land Revenue and Lease Rights Post Nationalization

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Parties

North Eastern Coalfields Coal India Ltd.

Appellant

Mubarak Ali

Respondent

Corporate Law Group

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From Division Bench Judgment of Gauhati High Court

Legal Issues

  1. 1 Whether the order of Additional Deputy Commissioner declaring ARTC Ltd. as Fout Ferrar and land as 'Sarkari' was legal
  2. 2 Whether the leased area vested in Central Government falls within the definition of 'Mine' under Section 2(h) of Coal Mines (Nationalization) Act, 1973

Ratio Decidendi

After nationalization, all rights, title, and interest of the erstwhile private mining company vested in Central Government. The declaration by Additional Deputy Commissioner, Tinsukia, of land as 'Sarkari', was illegal and without jurisdiction as it ignored statutory provisions and the vested rights. The definition of 'mine' under Section 2(h) is wide enough, but the question whether entire leased area falls within the definition is a matter for inquiry, which must be conducted after due notice.

Court Disposition

Appeal allowed

Orders

  • Judgment and order dated 27th September, 2002 of the Division Bench of Gauhati High Court set aside.
  • Order of learned Single Judge affirmed.