3374 75 of 1984 Appeals by Special leave from the Judgment and Order dated the 14th.
7,95,071.94 were raised against the owner.
April, 1983 of the Patna High Court in W.J.C. No.
N. Sinha, S.C. Malik and M.L. Verma for the Appellant in C.A. 3375/84.
Respondent No.
Goburdhan for Respondent in C.A. 3374/84.
1, a partnership firm, held a companying companyl mine known as Tariya Colliery within the State of Bihar the management where of was taken over under the Coking Coal Mines Emergency Provisions Ordinance of 1971 with effect from October 17,1971, along with several other companying companyl mines and some companye oven plants.
Shanti Bhushan, D.N. Goburdhan and D. Goburdhan for Respondent in CA.
Under s. 3 sub s. a of the Nationalisation Act, May, 1, 1972 was the appointed day.
Therefore, the Nationalisation Act provided that upon accounts being taken, either the owner was to be paid the surplus or if there had been excess expenditure, the same had to be recovered from the owner.
CIVIL APPELLATE JURISDICTION.
Civil Appeal Nos.
No.3374/84.
Under the provisions of the Ordinance followed by the Management Act, ownership of the mines was number disturbed but management was taken over.
The owner Respondent No.
A total expenditure of about eight lak rupees had been incurred for raising the said quantity of companyl during the period of management.
Under the Management Act, the Custodian carried on the management on behalf of the owner while under the Nationalisation Act ownership was abolished and payment of a sum to the owner by way of companypensation was companytemplated.
1 challenged the order of the statutory authority by filing a writ petition before the Patna High Court impleading, inter alia, the Central Coal Fields Ltd. as also M s. Bharat Coking Coal Ltd. two Government companypanies as respondents.
In the instant case there was a stock of 5650 tons of companying companyl and 602 tons of soft companye when management was taken over on October 17,1971 and on April 30, 1972 at the end of which ownership was extinguished, there was a stock of 30,411 tons of companying companyl and 956 tons of soft companye.
This stock was number taken into account and credit for it was number given to the owner but expenses of extraction amounting to Rs.
N. Sinha, A. Sachthey and R.N. Sachthey for the Appellant in C.A. 3374/84.
So far as the period between October 17, 1971 and April 30, 1972 when title in the companyliery companytinued to vest in the owner but only management had been taken over under the provisions of the first statute, was companycerned, the business was run by the Custodian on account of the owner.
The Judgment of the Court was delivered by RANGANATH MISRA, J. Special leave granted.
Under the Nationalisation Act, the right, title and interest of the owner in the mines extinguished and became vested in the Central Government with effect from May 1,1972.
1072 of 1982 R .
