Court : Jharkhand
Reported in : 2007(1)BLJR379; [2007(1)JCR271(Jhr)]
..... and the said land vested in bharat coking coal limited through the central government when coal mines (nationalisation) act, 1973 came in force. according to the petitioner the provision of coal mines (nationalisation) act is a legislation having over riding effect over the provision of general legislation. according to the definition of 'mine' as defined under section 2(h) of coal mines (nationalisation) act, 1973 all the mines vested in the central government free from ..... mauza bastacola and mauza bherakatta. the said babulal madhavjee was the owner of bastacola colliery which vested in the central government after coming into force of coal mines (nationalisation) act, 1973 and consequently, in m/s bharat coking coal limited free from all encumbrances. in the recent revisional survey, r.s. plot no. 9 was carved out from c.s. plot no. 122, which was .....
Tag this Judgment!Court : Jharkhand
Reported in : [2006(4)JCR298(Jhr)]
..... the lease hold area and after settlement the erstwhile colliery were doing mining operation until nationalization of the coal mines by virtue of enactment of cooking coal mines (nationalization) act, 1972. after nationalization, the petitioners had been doing mining operation without any hindrance till the year 1999, when forest official ..... the petitioners submits that some back grounds would be necessary for better appreciation of this case and those are that the coal mines was taken by the erstwhile colliery from the rightful owner under permanent settlement through a registered deed giving some right over ..... directed the chief zonal manager not to carry out the mining activities in the mauza ghanudih as that amount violation of the provisions of the forest conservation act .....
Tag this Judgment!Court : Jharkhand
Reported in : [2006(4)JCR133(Jhr)]
..... the lease hold area and after settlement the erstwhile colliery were doing mining operation until nationalization of the coal mines by virtue of enactment of cooking coal mines (nationalization) act, 1972. after nationalization, the petitioners had been doing mining operation without any hindrance till the year 1999. when forest official ..... the petitioners submits that some back grounds would be necessary for better appreciation of this case and those are that the coal mines was taken by the erstwhile colliery from the rightful owner under permanent settlement through a registered deed giving some right over ..... directed the chief zonal manager not to carry out the mining activities in the mauza ghanudih as that amount violation of the provisions of the forest conservation act .....
Tag this Judgment!Court : Jharkhand
Reported in : [2004(4)JCR437(Jhr)]
..... the impugned judgment that proforma dependent-respondent no. 7 was the owner of karampura dewarkhand colliery prior to the vesting of the coal mines under the coal mines (nationalization) act. 1973 and the plaintiff-respondent had entered into a contract with him for removal of the overburden work in the said colliery ..... aforesaid bills informed the plaintiff-respondent that the aforesaid equipments in question stood vested in the central government and, thereafter, with the coal mines authority under the coal mines (nationalization) act, 1973 on and from 01.05.1973 and the question of giving them back or payment of hire charges therefore to the ..... karanpura dewarkhand colliery private limited was the owner of karanpura dewarkhand colliery, p.o. khelari. district ranchi prior to the vesting of the coal mines under the coal mines (nationalization) act, 1973 and the plaintiff-respondent entered into a contract with defendant-respondent no. 7 for removal of over burden work in the said .....
Tag this Judgment!Court : Jharkhand
Reported in : [2004(4)JCR354(Jhr)]
..... bad and could not be enforced.4. on behalf of the union of india, a counter affidavit is filed. it is submitted that under section 3(3) of the coal mines nationalisation act. 1973, commercial coal mining is permitted only by the central government, the state government, a government company and a corporation owned, managed or controlled by the central government. a government company included a ..... , being a government of jharkhand undertaking was a government company and was entitled to do commercial coal mining. the declaration of expediency by the union government in the matter of control, regulation and development of coal mines in terms of sec-lion 1 (a) and section 2 of the coal mines nationalisation act, 1973 are relied on. it is pleaded that a state government company like the jharkhand .....
Tag this Judgment!Court : Jharkhand
Reported in : AIR2004Jhar143; [2004(4)JCR626(Jhr)]
..... further case of the plaintiffs is that, the plaintiffs, however, preferred their claim before the commissioner of payment under the provisions of the coking coal mines (nationalisation) act, 1972 and their claim applications are still pending and they apprehend that there would be inordinate delay in the disposal of the numerous applications lodged ..... the principle of res-judicata and the suit of the plaintiff is also not maintainable under the provisions of the coking coal mines (emergency provisions) ordinance 1971 and the coking coal mines (nationalisation) act, 1972 and the civil court has no jurisdiction to adjudicate the present suit in view of the fact that the ..... judgment it has been submitted by the learned counsel for the plaintiffs that the learned court below has misconstrued the provisions of the coking coal mines (nationalisation) act, 1972 and has erred in dismissing the suit of the plaintiff. it has been submitted that civil court has jurisdiction to adjudicate the claims .....
Tag this Judgment!Court : Jharkhand
Reported in : [2005(4)JCR331(Jhr)]
..... affected people. mr. mukherjee submitted that the coal mines (nationalisation) act, 1973 was duly amended so as to permit the mining of coal for generation of power amongst other objects. the allotment of captive mine in the pachwara central block to m/s. panem coal mines limited had been done strictly in accordance with ..... submissions, submitted that with the amendment of the coalmines (nationalisation) act, 1973 by the coalmines (nationalisation) amendment act, 1993 the central govt. had acquired a right to exploit coalmines for power generation amongst other objects. mr. ghosh submitted that under the 1973 act, coal mining was exclusively reserved for public sectors, but considering the ..... notification dated 9.6.1993. mr. ghosh submitted that in keeping with the provisions of the coalmines (nationalisation) act, the ministry of coal, government of india, allotted captive coal mines in pachwara, central block, to m/s. panem coalmines private limited and had also issued a gazette .....
Tag this Judgment!Court : Jharkhand
Reported in : [2003(1)JCR225(Jhr)]
..... the collieries against their creditors. mr. banerjee, further contended that the learned single judge erred in law in holding that after enforcement of coal mines nationalisation act, 1973 (in short nationalisation act the coal mines (taking over of management) had no applicability.7. before appreciating the contention pf the learned counsel, it would be useful to refer ..... 1973 is to be excluded in computing the period of limitation in the event any suit is filed by the owner of the coal mines after coming into force of coal mines nationalisation act.9. besides the above, admittedly the amount for which suit was filed fell due during 1973 and the period of three years ..... on 31.1.1973 by virtue of the enforcement of coal mines (taking over of management) act 1973. immediately, thereafter on 1.5.1973 the coal mines (nationalisation act) 1973 was enacted by which right title and interest of the owner in respect of the coal mines specified in the schedule have been acquired and vested in the .....
Tag this Judgment!Court : Jharkhand
Reported in : [2004(2)JCR133(Jhr)]
..... 3095 of 1999. the learned single judge referred to the decision of the supreme court in bharat coking coal limited v. madan lal agarwal, (1997)] scc 177 and the definition of mines under section 2(h) of the coal mines nationalisation act. he did not properly advert to the effect of the finding rendered by the appellate authority in paragraph ..... 1989 sc 1530, the land in question comes within the definition of mine in sections 2(h)(iv) and 2(h)(vi)of the coal mines nationalisation act. thus, it is clear that the land in question is a part of a mine or is a mine in terms of nationalisation act. on the basis of that conclusion, it has necessarily to be ..... be said to be vested in the central government under the vesting act. holding that the land involved did not come under the purview of the premises act in spite of the extended definition of coal mine as defined under section 2(h) of the coal mines nationalisation act and since there was a substantive question of title involved, the proceeding .....
Tag this Judgment!Court : Jharkhand
Reported in : [2004(2)JCR98b(Jhr)]
..... to the real question whether there was vesting of the land. admittedly new sudam din colliery was a coking coal mines, undisputedly this mines vested under the coking coal mines nationalisation act, 1972 on 1st day of may, 1972 the appointed date under section 4 of the aforesaid act. a serious argument was made by the learned counsel for the plaintiff-appellant that the suit land does not ..... . the learned counsel for the plaintiff relied on a decision reported in 1997(1)scc 177, that deals with coal mines nationalisation act 1973 where as the case in hand is with regard to coking coal mines, therefore the differences being in the definition of the mine in the two respective acts, so that decision is not helpful to the plaintiff. the direct decision in respect of coking .....
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