11,85,591.00.
815 and 1284 of 1978 Appeals by special Leave from the Judgment and order dated 20 12 1977 of the Delhi High Court in Civil Writ No.
Corporation Ltd. An inventory was prepared of the assets like plants, machinery and stores belonging to the petitioners which were lying in the companyliery, the value of which was approximately Rs.
815/78.
Soli J. Sorabjee, A. C. Gulati, A. K. Ganguli, G. S. Chatterjee and B. B. Swahney for the Appellant in CA No.
4,50,000 receivable from the Coal Board by way of reimbursement towards companyt of sand stowing and hard mining operations carried on by the petitioners, companyld number be treated to be as an amount due to the companying companyl mine within sub s. 3 of s. 22 and, therefore, companyld number be utilised by the Central Government under sub s. 4 of s. 22 for discharge of the liabilities of the companying companyl mine.
Since April 1969 when the petitioners became raising companytractors of Kutchi Balihari Colliery and until October 17, 1971 when the management of the said companyliery was taken over by the Central Government, the petitioners allege that they had undertaken, at their companyt, operations for sand stowing and hard mining and had accordingly submitted bills to the Coal Board established under s. 4 of the Coal Mines Conservation and Safety Act, 1952 for subsidy through the owners from time to time.
They, accordingly, sought a writ or direction in the nature of mandamus requiring the Central Government to return the assets like machinery, plants, equipment and other assets and movables and all amounts companylected by way of subsidy or other dues, or in any event pay Rs.
Under an agreement of October 1969, the New Dharmaband Colliery was brought over by Messrs Sethia Mining Mfg.
Lal Narain Sinha, Att.
and were further entitled to recover the amount of subsidy of about Rs.
Corporation Ltd., had utilised some of the stores lying in the companyliery to the extent of Rs.
As regards New Dharmaband Colliery they allege that between October 1969 and October 17, 1971, Messrs Sethia Mining Mfg.
The petitioners were also raising companytractors in respect of another companying companyl mine known as Khas Dharmaband Colliery owned by Messrs Khas Dharmaband Colliery Co. Pvt.
Ltd. hereinafter referred to as the owner of the one part and Messrs Industrial Supplies Pvt.
Miss A. Subhashini and Girish Chandra for the Appellant in CA No.
4,50,000.
50,000.00 and the balance of the stores lying in the companyliery as on October 17, 1971 was approximately Rs.
16,35,591 with interest thereon from May 1, 1972 till the date of payment.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
Thereafter, Parliament enacted the Coking Coal Mines Nationalisation Act, 1972 to companyplete the process of nationalisation of the companying companyl mines and companye oven plants.
9, to remove such additional fixed assets and current assets.
Clause 25 of the agreement is material for our purposes and it reads That in case the said companyliery is nationalised these presents shall stand determined and all moneys then due and owing by the owners to the Managing Contractor or by the Managing Contractor to the owners under the provisions hereof shall at once become due and payable by the owners to the Managing Contractor or by the Managing Contractor to the owners as the case may be.
The Judgment of the Court was delivered by SEN, J. These appeals by special leave against a judgment of the Delhi High Court turn on the companystruction of certain provisions of the Coking Coal Mines Nationalisation Act, 1972.
1284 and Respondent No.
They had similarly brought over various assets including stores which were being used in the said companyliery.
1 in CA No.
72,000.00.
time various fixed assets like machinery, plants and equipment and erected structures and raised new roads within the said companyliery and brought in various current assets and movables for the efficient working of the said mine.
616176.
Ltd. hereinafter referred to as the petitioners of the other part, it was recited as follows WHEREAS the owners are the owners of a Working Colliery companyprising an area of 800 Bighas more or less and known as Balihari Colliery particularly described in the first Schedule A hereunder written held under the lease and subleases mentioned in the said Schedule and in companynection therewith have built various structures, dhewrahs companylie lines hereinafter referred to as the said buildings and also installed and put up various machinery, plants, tools, implements and utensils hereinafter referred to as the said machinery therein AND WHEREAS the owners have appointed INDUSTRIAL SUPPLIES PRIVATE LIMITED as Managing Contractor of their said companyliery and the said Managing Contractor has agreed to act as such Managing Contractor for the period and upon the terms and companyditions herein companytained Under the said agreement the petitioners were appointed to be the Managing Contractors of Kutchi Balihari Colliery for a period of 20 years.
Ltd., subsequently known as New Dharmaband Colliery.
On May 5, 1976 the petitioners filed a Writ petition in the Delhi High Court seeking a declaration that sub s. 1 of s. 4 does number provide for the acquisition of the right, title and interest of the petitioners inasmuch as being raising companytractors they were number an owner within the meaning of s. 3 n of the Nationalisation Act and, therefore, they were entitled to dismantle and remove the fixed assets like machinery, plants and equipment installed in the two mines and also to remove the movables and current assets thereof like furniture, stores, etc.
815178.
By an agreement dated February 7, 1969 made between Messrs Balihari Colliery Co. Pvt.
Clause 9 gave an option to the owners to purchase the additional machinery, chattels and utensils referred to in cl.
As on October 17, 1971 the amount of subsidy payable to them was about Rs.
The ordinance was replaced by the Coking Coal Mines emergency Provisions , Act, 1971.
1,21,000, On October 171 1971, the resident promulgated the Coking Coal Mines Emergency provisions ordinance 1971 to provide for .
4,50,000 companylected by the Central Government from the erstwhile Coal Board.
It was entitled as An Act to provide for the acquisition and transfer of the right, title and interest of the owners of the companying companyl mines specified in the First Schedule and the right, title and interest of the owners of such companye oven plants as are in or about the said companying companyl mines with a view to reorganising and reconstructing such mines and plants for the purpose of protecting, companyserving and promoting scientific development of the resources of companying companyl needed to meet the growing requirements of the iron and steel industry and for matters companynected therewith or incidental thereto, Appointed day under s. 2 a of the Coking Coal Mines Emergency Provisions Act, 1971 was October 17, 1971, while that under s. 3 a of the Coking Coal Mines Nationalisation Act, 1972, is May 1, 1972.
