The initial investment was Rs.
The companystitutional validity of the Act was challenged by the Assam Sillimanite Company Limited for short the companypany in a writ petition filed before the Delhi High Court.
By the impugned judgment dated 29.11.1976, a Division Bench of the High Court dismissed the writ petition.
Later, by the Assam Sillimanite Limited Acquisition Transfer of Refractory Plant Act, 1976 in short the Act , the plant was acquired by the Government.
The Undertaking was taken over by the Central Government under Section 18A of the Industries Development Regulation Act for a period of three years which was extended for a further period of one year with effect from 1.11.1972.
The Act received assent of the President on February 11, 1976.
This appeal by special leave is directed against the aforesaid judgment .
Sections 3, 9 and 10 relevant for the purpose of the present case are as follows Refractory Plant to vest in the Central Government On the appointed day, the Refractory Plant shall, by virtue of this Act, stand transferred to, and the right, title and interest of the companypany in relation to its Refractory Plant shall vest absolutely in, the Central Government.
The Company in pursuance to the companydition in the lease deed dated 10.4.1963 established a Refractory Plant for manufacturing sillimanite companyundum and other associate minerals at Ramgarh in the State of Bihar.
The Refractory Plant went into operation in the year 1964 and was closed down in July 1972.
The Act provides for the acquisition and transfer of the right, title and interest of the Assam Sillimanite Limited in respect of its Refractory Plant and for matters companynected therewith or incidental thereto.
1.75 crores.
The appellant prayed for a writ in the nature of certiorari quashing the Act and a writ in the nature of mandamus directing the respondents to reflex the amount of price payable taking into companysideration the assists and liabilities, potentialities and the present market value.
Fathima Beevi, J. Assam Sillimanite Limited is a public limited companypany mainly carrying on the business of mining and export of Natural Khasi Sillimanite.
