Court : Supreme Court of India
..... ) of subclause (ill) of clause (a) of sub-section (3) of section 3 of the coal mines (nationalisation) act, 1973 (26 of 1973) the central government hereby specifies as an end use the supply of coal from the coal mines of kiloni, manoradeep and baranj i-iv blocks by the karnataka emta coal mines limited on an exclusive basis to the karnataka power corporation limited for generation of thermal ..... also being used in power generation. the purpose of allocation of coal blocks for captive use under section 3(3) of the coal mines (nationalisation) act, 1973 is not to enable free trading of coal by private companies. the basic concept of captive mining permitted under the aforesaid act is that the coal obtained from a captive block shall be used entirely and exclusively for the specified and approved .....
Tag this Judgment!Court : Supreme Court of India
..... . the provision was argued to be invalid because it allowed the municipalities to tax lands covered by coal mines, which were the subject of legislation by parliament under the mmdr act and the coal mines (nationalisation) act 1973355. chief justice y v chandrachud, speaking for the majority, rejected the contention on the ground ..... that the tax on lands and buildings had nothing to do with the development of mines and, therefore, did not conflict with the power of the central government to regulate and develop mines under the coal mines act ..... of list ii to the extent the parliamentary legislation covers the subject-matter. the legislative powers of the state with 354 (1982) 1 scc125355 coal mines act 356 western coalfields ltd (supra) [28].. 165 part i respect to other subjects under list ii, including taxes on lands and buildings, will .....
Tag this Judgment!Court : Supreme Court of India
..... by the colliery collar control order 2000 w.e.f. 01.01.2000.32. the preamble to the nationalisation act reads as follows: an act to provide for the acquisition and transfer of the right, title and ..... said order, which came to be continued under the essential commodities act. the coal controller controlled the quality and quantity as noticed in ashoka smokeless coal india (p) 31 ltd. and others22. considering its vital importance, it became the only mineral which was nationalized in terms of the coking coal mines nationalization act, 1972 and the coal mines nationalisation act 1973. the colliery control order 1945 was repealed and replaced .....
Tag this Judgment!Court : Supreme Court of India
..... had been arbitrarily allocated between the years 1993 to 2011 without adhering to the mandatory legal procedure prescribed under the mmdr act and in breach of the relevant provisions of the coal mines (nationalization) act, 19738, to favour ineligible 8 for short cmn act page 4 of 19 wp (c) no.63 of 2015 and contempt petition (crl.) no.7 of 2016 in wp (crl ..... in the petition, are considered necessary. the petitioner had submitted an application dated 8th november, 1994 under section 2 of the forest (conservation) act, 19803 to the district collector, narsinghpur district, narsingpur, madhya pradesh for permission to undertake coal mining on forest land. on 21st november, 1994, the petitioner applied to the respondent no.2 state of madhya pradesh4 in form-i under .....
Tag this Judgment!Court : Supreme Court of India
..... , learned counsel appearing for the respondents.3. the parliament enacted the coal mines (nationalisation) act, 1973, (hereinafter referred to as the nationalisation act ) providing for the acquisition and transfer of the right, title and interest of the owners in respect of coal mines specified in the schedule. the schedule to the nationalisation act contained a list of about 711 coal mines located in different parts of the country. the schedule also contained ..... from the vesting provision, what was transferred to and vested in the central government, were not corporate houses or business entities owning coal mines. what was transferred to and vested in the central government were the coal mines. in other words this nationalisation act, was little different from the statutory enactments nationalizing institutions such as banks, insurance companies etc. therefore, the ownership of the land was .....
Tag this Judgment!Court : Supreme Court of India
..... and that products thereby so distributed as best to subserve the common good. the argument that there is no specific provision in the act as contained in the banking companies (acquisition and transfer of undertakings) act or in the coal mines nationalisation act, 1973 does not carry the matter any further because the idea embedded in those provisions are implicit in the provisions of this enactment ..... company other than a government company, there certainly would have been an indication to that effect in the act itself. the question, therefore, is whether absence of specific provision as contained in the banking companies (acquisition and transfer of undertakings) act or in the coal mines nationalisation act, 1973 that the shareholding shall always be held by the government, will give a different complexion to these .....
Tag this Judgment!Court : Supreme Court of India
..... respondent(s) judgment b.r. gavai, j.11. leave granted.2. a short question relating to interpretation of section 11 of the coal mines (special provisions) act, 2015 (hereinafter referred to as the said act ) which is an outcome of the judgment of this court in the case of manohar lal sharma v. principal secretary and others1 ( ..... under section 3(3)(a) (iii) of the coal mines (nationalization) act, 1973, in the official gazette. on 25th november 2004, a mining lease was executed between the government of jharkhand and panem for mining coal from the non forest areas of pachhwara coal block. subsequently on 30th august 2006, a coal purchase agreement was executed between panem and pseb, for ..... 14 of the constitution. a plain reading of section 11 of the said act would reveal that it begins with a non obstante clause. it provides that a successful bidder or allottee, as the case may be, in respect of schedule i coal mines, may elect, to adopt and continue such contracts which may be existing .....
Tag this Judgment!Court : Supreme Court of India
..... same reason as pointed out qua state of tamil nadu v. l. abu kavur bai (supra) as this is a nationalisation measure far removed from the object of the 1997 amendment act to the national highways act. it is interesting to note that despite the fact that a challenge under articles 14 and 31 were bound to fail in ..... 3 scc709at 735. also, in maharashtra state electricity board vs thana electric supply co. (1989) 3 scc616 at para 43, this court said: 43. the idea of nationalisation of a material resource of the community cannot be divorced from the idea of distribution of that resource in the community in a manner which advances common good. the cognate ..... of the community are so distributed as best to subserve the common good; xxx xxx xxx an interesting discussion is contained in sanjeev coke manufacturing company vs bharat coking coal ltd. & anr (1983) 1 scr1000at pages 1023 to 1025, on the scope of the expression material resources of the community and the expression distribute that are used .....
Tag this Judgment!Court : Karnataka
..... and loss during the period of management of the mine by the central government. thereafter, the coal mines nationalisation laws (amendment) ordinance and act, 1986 was issued. section 19(2) of the principal act as introduced by the amending act act and section 19 of the amending act act providing that the amount payable as compensation shall be ..... deemed to include and deemed always to have included in the amount required to be paid to the owner in respect of all the coal ..... in stock on the date immediately before the appointed date. the said amending act act was held to be valid as it altered the basis of the principal act with retrospective effect as a result of which the court's judgment .....
Tag this Judgment!Court : Supreme Court of India
..... of the constitution of india and from the condition of previous approval of the central government under the mine and mineral rule regulation act, 1957 in respect of reconnaissance, prospecting and mining of coal and from the operations of coal mines nationalisation act. 8. the tribunal issued directions that the additional secretary, north east in the ministry of home, ..... , any other court or authority. 58. the submission which has been pressed by the state is that neither mmdr act, 1957 nor mines act, 1952 is prescribed in schedule i of the act, hence, coal mining is not within the purview of schedule i and not within the jurisdiction of the tribunal. the submission further is that ..... counsel in support of c.a.(d) no.3067 of 2018 submits that the tribunal committed error in stopping the entire coal mining in the state of meghalaya. referring to section 15 of ngt act, 2010, shri ranjit kumar submits that relief, compensation and restitution can be granted as provided in section 15. it is .....
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