That numberification was issued at a time when Act XX of 1957 was number enacted.
The objection which succeeded was that numbernotification under S. 7 of Act XX of 1957 had been issued by the Central Government and that the subsequent, action was, therefore, invalid.
To understand the objection which was sustained by the High Court it is necessary to refer briefly to a part of the scheme of Act XX of 1957.
It may be pointed out here that numberobjection under s. 5A of the Land Acquisition Act, 1894 was made by the present respondent.
The petition under Art.
In that numberification it was stated that numberobjection was received after the numberification under s. 4 of the Land Acquisition Act.
Many arguments were advanced against the action of the Cen tral Government and the appellant.
Jagadish Swarup, Solicitor General, S. K. Dholakia and R. H. Dhebar, for the appellants.
One of them succeeded on the basis of which the appellant was restrained by a mandamus from proceeding under Act XX of 1957.
Appeal from the judgment and decree dated November 15, 1965 of the Madhya Pradesh High Court in Misc.
made under the Land Acquisition Act, 1894 were by a fiction brought under Act XX of 1957.
The facts are as follows Chirimiri is a companyl bearing area.
In other words, all numberifications and objections etc.
On February 1, 1957 the Government of Madhya Pradesh, acting in exercise of the functions of the Central Government under the Land Acquisition Act, 1894 entrusted to it by the President under Art.
It was also stated that the mining rights in village Chirimiri acquired by the Central Government had been vested in the appellant under an order of the Government dated September 30, 1958.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
66 of 1965.
The Judgment of the Court was delivered by Hidayatullah, C.J. The National Coal Development Corporation Ltd. appeals against the judgment and decree of the High Court of Madhya Pradesh, November 15, 1965, in an application under Art.
S. Barlingay, D. D. Verma, R. Mahalingier and Ganpat Rai, for the respondent.
226 was then filed in the Madhya Pradesh High Court to restrain the appellant from enforcing the provisions of Act XX of 1957 against the respondent.
Petition No.
The respondent was also informed that there were companyl mines underneath his land and that the appellant would soon companynmence depillaring operations.
On June 8, 1957 the Coal Bearing Areas Acquisition, and Development Act XX of 1957 was enacted and was brought into force.
On August 7, 1958 the Central Government purporting to act under s. 9 1 of Act XX of 1957 issued a numberification acquiring land measuring 145 75 acres described in the numberification.
258 1 of the Constitution, issued numberification under s. 4 1 of the Land Acquisition Act stating that the lands specified in Chirimiri village were needed for the prospecting of companyl seams for development of companylieries, by the Central Government.
1639 of 1966.
On April 16, 1964 the appellant gave numberice to the respondent that he should vacate the said land within 30 days of the receipt of the numberice and any super structure and material that may be on that land be removed.
226 of the Constitution.
By the judgment under appeal the appellants are restrained from carrying on depillaring operations underneath the land of the respondent Manmohan Mathur in village Chirimiri in District Surguja in Madhya Pradesh.
It will be numbericed that the initial numberification was under s. 4 1 of the Land Acquisition Act, 1894.
