Judgment Search Results Home > Cases Phrase: coal bearing areas acquisition and development act 1957 preamble 1 coal bearing areas acquisition and development act 1957 Page 1 of about 1,794 results (0.453 seconds)

Union of India Vs. Elphinstone Spinning and Weaving Co. Ltd. and ors. ...

Court : Supreme Court of India

Reported in : AIR2001SC724; JT2001(1)SC536; 2001(1)SCALE157; (2001)4SCC139; [2001]1SCR221; 2001(1)LC496(SC)

..... that the language used by parliament is ambiguous or is too general though in point of fact parliament intended that it should have a limited application. in coal bearing areas (acquisition and development) act 1957 the court was construing a notification issued under section 4(1) of the said act and as in the present case the ..... come within the purview of article 31a(1)(b) of the constitution. article 31a was introduced by the constitution (first amendment)act, 1951 to validate the acquisition of zamindari and the abolition of permanent settlement without interference from courts. the further amendment of the constitution was made by (fourth amendment) act of 1955 with ..... effect 'an act to establish in the economic interest of india greater public control over the coal mining industry and its development by providing for the acquisition by the state of unworked land containing or likely to contain coal deposits or of right in or over such land, for the extinguishment or modification of such .....

Pooranmal Vs. Sushila Devi and anr.

Court : Madhya Pradesh

Reported in : AIR1979MP58; 1979MPLJ58

..... way, there can be no doubt that the latter must pre vail.' 12. a similar question arose for determination in the context of the coal bearing areas (acquisition and development) act, 1957 (in burrakur coal co. ltd. v. union of india, air 1961 sc 954). the act contains a preamble which indicates that it was being enacted for ..... securing public control over the coal mining industries and its development by providing for acquisition of unworked land. however, the provisions of section 4 (1) of the act empowered the central government to issue a notification with reference ..... to its intention of prospecting any land. the argument raised was thatas according to the preamble, the object of the enactment was to provide for acquisition of unworked land, the language used in section 4 mentioning the words 'any land' should be construed as to mean any unworked land and was not applicable .....

Manmohan Mathur Sudhirchand Mathur Vs. Addl. Area General Manager, Nat ...

Court : Madhya Pradesh

Reported in : AIR1966MP126

..... act. on the coming into force of the act, that notification must be deemed to have been issued by the central government under section 4 of the coal bearing areas (acquisition and development) act, 1957, as if that act had been in force on the date of the notification. this is clear enough from the plain language ..... of collieries to be owned and worked by the central government. on 7th august 1958, the central government issued a notification under section 9(1) of the coal bearing areas (acquisition and development) act, 1957, (hereinafter called the act) acquiring land measuring 145.75 acres described in schedule a to the notification and the rights to mine, ..... of other persons stand. 2. the material facts are that land in village chirimiri is a coal-bearing area. on 1st february 1957, the state government, acting in the exercise of the functions of the central government under the land acquisition act, 1894. entrusted to it by the president in the exercise of his powers under article .....

Rajendra Collieries Ltd. Vs. Coal Controller and anr.

Court : Kolkata

Reported in : AIR1960Cal736

..... during the period of previous working was 'nil'. on or about 10th june, 1957 came into operation, a central act known as the 'coal bearing areas (acquisition, and development) act (xx of 1957)'. the preamble states that it is an act 'to establish in the economic interests of india, greater public control over ..... was granted through inadvertence, because the petitioner never brought it to the notice of the coal board that the land in question was already the subject matter of a notification under sub-section (1) of section 4 of the coal bearing areas (acquisition and development) act (xx of 1957). on the 4th may, 1958 the central government ..... has now come to this court complaining against the acquisition. the main objection, as propounded by mr. choudhury is that this coal bearing areas (acquisition and development) act is an act which is intended to be utilised for the acquisition by the state of 'unworked land containing or likely to contain coal deposits'. this, he says, is clearly laid .....

Burrakur Coal Co., Ltd. Vs. the Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1961SC954; [1962]1SCR44

..... 1957), stating its intention to prospect for coal in an area approximately five sq. miles which includes sudamdih colliery and sutikdih colliery. the petitioners have stated in their respective ..... .p. 242 of 1960, messrs. east india coal co., ltd., claim to have acquired mining rights in two blocks in mouza sudamdih and mouza sutikdih respectively situated in dhanbad district in the state of bihar. on july 28, 1960, the central government published a notification bearing no. s.o. 1927 under s. 4 of the coal bearing areas (acquisition and development) act, 1957 (no. 20 of .....

Mineral Area Development Authority Etc. Vs. M/s Steel Authority Of Ind ...

Court : Supreme Court of India

..... by the central government under section 4. thus, under the coal bearing areas act, the central government acquires the surface rights to the coal bearing lands.319. in burrakur coal (supra), the petitioners challenged a notification issued by the central government under section 4 of the coal bearing area act for violation 387 air1961sc954388 coal bearing areas act 389 section 10, coal bearing areas (acquisition and development) act 1957 184 part i of fundamental rights. the ..... rights came up before a constitution bench of this court in burrakur coal co. ltd. v. union of india387 in the context of the coal bearing areas (acquisition and development) act 1957.388 the coal bearing areas act was enacted by parliament to establish public control over the coal mining industry and its development by providing for the acquisition by the state of unworked land containing or likely to contain .....

Mahanadi Coalfields Ltd. and anr. Vs. State of Orissa and ors.

Court : Orissa

Reported in : AIR1994Ori258; 1995(I)OLR544

..... though the argument appears attractive, but does not sustain a deeper scrutiny and a careful reading of both the provisions of sections 10 and 11 of the coal-bearing areas (acquisition and development) act, 1957 makes it crystal clear that on an order being passed in writing by the central government under sub-section (1) of ..... 285 of the constitution, the entire argument of mr. parasaran appearing for the petitioners in mahanadi coalfields case (ojc no. 2015/93) is that under the coal-bearing areas (acquisition and development) act, 1957 (central act 20 of 1957), the so-called vesting under section 11 is different from 'vesting of land or rights in the ..... treated as equals and, therefore, the levy in question is hit by article 14 of the constitution. (v) the coal-bearing land having vested in the central government by reason of section 10(1) of the coal bearing areas (acquisition and development) act, 1957 (20 of 1957), free from all encumbrances, the properties are the properties of the .....

State of West Bengal Vs. Union of India

Court : Supreme Court of India

Reported in : AIR1963SC1241; [1964]1SCR371

..... was made for amendment of the plaint praying that the following paragraph may be added as paragraph 9a, which is as follows :- 'alternatively the plaintiff submits that the coal bearing areas (acquisition and development) act (act xx of 1957) on its true construction does not apply to the lands vested in or owned by the plaintiff the state of west bengal ..... is not competent to make a law authorising the union government to acquire land and rights in or over land, which are vested in a state, and that the coal bearing areas (acquisition and development) act (xx of 1957) - which hereinafter will be referred to as the act - enacted by the parliament, and particularly sections 4 and 7 thereof, ..... which is challenged by the state of west bengal, is power to acquire in exercise of authority conferred by sections 6, 7 and 9 of the coal bearing areas (acquisition and development) act, 1957. the act was enacted for establishing in the economic interest of india greater public control over the .....

M/S. Buthello and Co. and Etc. Etc. Vs. State of Maharashtra and Other ...

Court : Mumbai

Reported in : AIR1994Bom382; 1995(1)BomCR522; 1995(1)MhLj198

..... west bengal v. union of india. the validity of an act of parliament to acquire certain coal bearing areas in the state of west bengal came up for consideration and while upholding the general right of parliament to legislate for the acquisition of even property vested in the state, the supreme court pointed out that this could be ..... ground of repugnancy. the supreme court reversed the decision of the high court observing that the stated objects and reasons of the state legislation showed that the acquisition was to be made to protect the mineral potentialities of the land and to ensure their proper development and exploitation on scientific lines. it was held that ..... minerals found or likely to be found, whether on surface or underground of any land. section 5 of the act provides for payment of amount for acquisition of rights to mines and minerals.the constitutional validity of this act was challenged in the petitions on the ground of legislative competency and infringement of fundamental .....

Shankar @ Vishwambhar S/O Kacchiram Waghmare and Smt. Kantabai @ Nalin ...

Court : Mumbai

Reported in : 2009(111)BomLR4397; 2010(1)MhLj121

..... land, or rights in or over such land, covered by a notification under sub-section (1) of section 7, issued after the commencement of the coal bearing area (acquisition and development) amendment and validation act, 1971, shall be made after the expiry of three years from the date of the said notification:[provided further that ..... owners, whose land has been acquired under coal bearing areas (acquisition and development act), 1957, have come up in appeal.3. the facts are as follows:the land of all the appellants has been acquired under the coal bearing areas act. notification under section 4 of the act for the acquisition was issued in 1990 and notification under ..... section 9 was issued in the year 1995. the land acquisition officer under the act determined the compensation. since the compensation awarded .....