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 .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006(1)MPHT336; 2006(1)MPLJ352
ordera.k. shrivastava, j.1. this appeal has been preferred under section 20 of the coal bearing areas (acquisition and development) act, 1957(for brevity 'the act') against the order/award dated 30-9 ..... was the owner of the disputed land. in public interest, the government of india for the purpose of extraction of the coal acquired the disputed area on 15-11-1976 and fixed the amount of compensation to be paid.4. the applicant submitted an application under section ..... not entitled for the solatium. in the case of sher singh (supra) the supreme court while dealing the matter under requisitioning and acquisition of immovable property act, 1952 held that since there is no provision under the said act to pass an award under the head ..... the same principle has been reiterated in the decision of hari krishan khosla (supra), which is also a case under requisitioning and acquisition of immovable property act. in the present case also since there is no provision to award any amount of compensation under the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1986MP33a; 1986MPLJ255
..... mining operations, the petitioner company made application for acquiring lands of singrauli tahsil. these lands under section 4 of the coal bearing areas (acquisition and development) act, 1957 (hereinafter referred as the 'coal act'), were notified as coal bearing area vide notification s.c. no. 1552 dt. 6-5-75, published in gazette of india, new delhi, dt. ..... 17-5-75. after due consideration of the report of the competent authority and the state government of madhya pradesh, notification of acquisition of all rights in ..... in this case the haryana minerals (vesting of rights) act, 1973, under which the notifications were issued for acquisition of right to saltpetre, a minor mineral and for auctioning certain saltpetre bearing areas, in this context their lordships of the supreme court held that the haryana act was not in any way repugnant .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1973MP134; [1974]44CompCas46(MP); 1973MPLJ300
..... procedure and cannot be exercised unless such right is expressly conferred by statute. 10. in bokaro and rampur ltd. v. kathara coal co. ltd., air 1969 pat 235 while dealing with a case under coal bearing arens (acquisition and development) act, 1957. it was observed in paragraph 12 that the right of cross-objection, like a right of ..... asset which has an element of permanency about it and which is capable of being a source of income and 'capital expenditure' must, therefore, generally mean an acquisition of an asset and the asset must be intended to be of lasting value. while income or revenue expenses are generally running expenses incurred in earning profit or ..... expenses incurred with the primary object of an immediate return or acquisition of assets which are not of lasting value and are likely to get exhausted or consumed in the process of the return or a very limited number .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2009)19VST459(MP)
..... in govt. company instead of central government is a creation of lease, there was no prior lease existing. by virtue of section 10(1) of the coal bearing areas acquisition act, the land vest absolutely in the central government on the date on which the declaration under section 9 was published in the official gazette. there was ..... cases notice have been issued for assessment of stamp duty.4. petitioner has submitted that by virtue of sections 4, 7, 9, 10, 11, 18a of the coal bearing area (acquisition and development) act, 1957 the property vests absolutely in the central government and thereafter in wcl, state government has no right over the property. the lands acquired ..... does not arise. reliance was placed on letter (p/9) issued on 8-5-1997 by the state government in which government clarified that under the coal bearing area (acquisition and development) act, 1957 if land has been acquired as no lease-deed is executed registration was not necessary. it was necessary only for the leases .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1964MP42; 1963MPLJ701
..... requires no discussion as here the respondents do not claim that what they have done is under section 7 of the railways act, and there is no question of acquisition of any land belonging to the petitioners. the land leased out to the applicants is of the government.11. for the foregoing reasons, our conclusion is that ..... nature and extent of the rights granted to the petitioners under the lease and of their disturbance and interference as alleged by the petitioners. these points have a bearing only on the question whether the respondents' action is in accordance with the terms of the lease or contrary to them and the quantum of compensation to which ..... in carrying out this project they have illegally cut down a substantial portion of the reserved forest on their area of lease and have also opened some portions of the earth exposing some fifty tons of coal which has been removed by the railway administration, their contractors and labourers; that the railway line when completed will make the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1989MP264; 1989MPLJ561
..... sc 1654. the haryana state legislature passed the haryana minerals (vesting of rights) act 1973, under which two notifications were issued for acquisition of right to saltpetre, a minor mineral, and for auctioning certain saltpeter bearing areas. it was held by this court that the haryana act was not in any way repugnant to the provisions of the act of ..... , shall be deemed to be the rate of cess notified under this sub-section in respect of coal. provided that subject to the limitation mentioned above, the state govt. may, by notification, increase or reduce ihe rate of cess at an interval of not less than ..... ton of major mineral raised therefrom subject to the maximum of rs. 10.00 per ton of major mineral raised and the rate of cess prevailing in respect of coal during the period commencing from the date of commencement of the principal act and ending on the date of commencement of the m.p. upkar (sanshodhan) adhiniyam 1987 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1967MP184
..... be read in the way shri sen, learned counsel for the petitioner, read excluding his suggestion that the payment of royalty thereunder would be in respect of coal removed from the leased area after 1st june 1958. the notification in question first categorically says that the provisions of section 9(1) of the act shall apply, with immediate effect, ..... '.20. as already indicated by us the modification specified in the notification must he read as a proviso to the direction contained in the earlier portion of the notification and bearing in mind the meaning of the word 'modification' in the context of section 30a, namely, 'to limit, to restrain, to assuage, to make less severe, to tone down ..... by the notification dated 29th december 1961 section 5(2) and section 16(1) are in no way concerned with the rate of royalty. they have, therefore, no bearing on the question of the power of the state to vary the rate of royalty in leases of the kind just referred to.26. in our judgment, the notification .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2000]246ITR363(MP)
..... , was found fair and reasonable and the assets were found to have been, acquired by them out of known sources of income, negativing the mediacry regarding acquisition of assets out of income from undisclosed sources. in view of the above decision, an enquiry commission was set up by the state government for enquiring into ..... ltd. v. ito : [1965]57itr637(sc) .34. learned counsel for the petitioners next submitted that the hawala case of the supreme court has no concern, bearing or relevance for the issues pending adjudication in the present case. the department in the preliminary reply dated july 10, 1998, stated that the starting point of the ..... bullion, jewellery or other valuable article or thing : provided that where any building, place, vessel, vehicle or aircraft referred to in clause (i) is within the area of jurisdiction of any chief commissioner or commissioner, but such chief commissioner or commissioner has no jurisdiction over the person referred to in clause (a) or clause (b .....
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