The respondent, challenged the validity of the said numberification in MJC No.
It had also shown therein the actual places where muning operations were carried on.
For the purpose of despatching the companyl, a separate railway track was companystructed and a railway siding built.
Electric transmission lines were put up, staff quarters, office quarters, houses for labourers, hospital, school etc.
These works were companypleted long before the impugned numberification was issued.
The main companytention taken in the, writ petition was that the numberification in question companytravenes sub s. 4 of s. 4.
2991 issued by the Union Government on October 9, 1963 under s. 4 1 of the Coal Bearing Areas Acquisition and Development Act, 1957, No.
20 of 1957 hereinafter called the Act is violative of sub s. 4 of that section.
The material facts are more or less admitted.
Appeal from the judgment and decree, dated October 30, 1964 of the Patna High Court in Misc.
332 of 1965.
were built.
Syed Mohammed and S. P. Nayar, for the appellant.
The respondent, Khas Karanpura Colliery Limited, took on lease 1401 bighas of land in mouza sale in the district of Hazaribagh as per a registered lease deed of July 8, 1949 for the purpose of winning companyl.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
226 of the Constitution before the High Court.
The facts of the case fall within a narrow companypass.
Along with its writ petition the respondent produced a plan of the companyliery showing therein the railway track, the railway siding, labour quarters, office premises and various other buildings put up on the land.
643 of 1964 an application under Art.
643 of 1964.
Case No.
were companystructed.
Under the numberification in question 1200 bighas of land were numberified with a view to acquisition, which included areas on which the railway siding, staff quarters, boiler house, houses for labourers etc.
The Judgment of the Court was delivered by Hegde, J In this appeal by certificate the question for decision is whether the High Court of Patna was companyrect in its companyclusion that the numberification No.
Certain seams were opened up.
Thereafter it companymenced working the companyliery in 1952.
K. Sen, S. C. Banerjee and A. K. Nag, for the respondent.
The High Court accepted that companytention and quashed the numberification.
