Case: M/S BHARAT COKING COAL LTD Vs. MAHENDRA PAL BHATIA AND ORS

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 the names and addresses of the owners of each of those mines and the amount payable to those owners in terms of Section 8 of the Nationalisation Act. Serial No.92 of the Schedule contained the name of the coal mine East Godhur. The owner of the coal mine was indicated to be East Godhur Colliery Company (Private) Limited, P.O. Dhandad and the amount of compensation payable to the owner was also shown as Rs.4000/.4. In the year 1984, the Estate Officer, Dhanbad initiated proceedings in Case No.210 of 1984 under the provisions of the Act, against Bhatia brothers and others, on the ground that they are unauthorised occupants of plot nos. 553, 554, 555, 556 and 559 to 564 located in Village Matkuria, District Dhanbad. These proceedings culminated in an order of eviction dated 18.09.1985.5. But this order was set aside by the District Court, Dhanbad in an appeal under Section 9 of the Act, by an order dated 04.12.1986 and the matter was remanded back to the Estate Officer.6. The Estate Officer passed a fresh order dated 08.03.1989 dropping the eviction proceedings on the ground that the respondents were authorized occupants. But the said order of the Estate Officer was set aside by the District Court by an order dated 08.08.1990 in an appeal filed by the appellant herein under Section 9 of the Act.7. But the order of the District Court was set aside by the High Court by an order dated 17.07.1998 in a writ petition filed by the respondents and the matter got back to the District Court by way of remand for a fresh disposal.8. The District Court passed an order dated 28.09.2000 allowing the appeal of the appellant herein and directing eviction. This order of the District Court was set aside by a learned Single Judge of the High Court by an order dated 20.06.2013 in a writ petition filed by the respondents. The said order of the learned Single Judge was confirmed by the Division Bench in an intra-court appeal by judgment dated 19.02.2015, which is what is impugned before us in the above appeal.9. The only question which the Estate Officer, the District Court and the High Court dabbled with, was as to whether the property in the occupation of the respondents and their predecessor in interest was covered by the definition of the expression mine in Section 2(h) of the Nationalisation Act. This question arose in the context of two limited facts namely,(i) The property in question was purchased by an individual by name Jamini Mohan Majumdar, under a registered sale deed dated 05.02.1945, long prior to 01.05.1973, the date of coming into force of the Nationalisation Act. In this sale deed dated 05.02.1945 Jamini Mohan Majumdars occupation was described as Manager, East Godhur Colliery;(ii) The said Jamini Mohan Majumdar sold the property in question under four different sale deeds dated 17.01.1984. It was only thereafter that proceedings under the Act, were initiated.

Reasoning:
12. But, unfortunately for the respondents, both the objections cannot stand in the light of the statutory prescriptions. Section 3(1) of the Nationalisation Act, declares that on the appointed day, which was 01.05.1973, the right, title and interest of the owners in relation to the coal-mines specified in the Schedule shall stand transferred to and shall vest absolutely in the Central government free from all encumbrances.13. As could be seen 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 coalmines. 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 immaterial. If the land fell within the definition of the expression mine under the Nationalisation Act, the same stood transferred to and vested in the Central Government under Section 3(1).15. As could be seen from clause (xi) of Section 2(h), even the lands and buildings used solely for the location of the management, sale or liaison offices or for the residence of officers and staff were also included in the definition of the word mine. Therefore, the contention that the property was the private property of Jamini Mohan Majumdar, and that his occupation as Manager of a colliery was irrelevant, would fall to the ground. The focus of Section 2(h) read with Section 3(1) is on the property and not on who the owner of the property is.16. Similarly, the objection that the land in question was not used as a colliery is also irrelevant in view of the fact that clause (xi) of Section 2(h) uses the words wherever situated. In any case the contention that the property was not part of a colliery, may be factually incorrect.Therefore, the respondents cannot now rely upon the Report of a Court Commissioner who carried out inspection probably after two/three decades of nationalization.18. Though paragraph 16 of the decision in New Satgram (supra) appears to support the contention of the respondents by highlighting the difference between the language employed in clauses (vii) and clause (xi) of Section 2(h), a subsequent decision of this Court (also of a 3 member bench) in Bharat Coking Coal Ltd. Vs. Madanlal Agrawal (1997) 1 SCC 177,  steers clear any air of suspicion. In this case, this Court clarified that the extended meaning given to the word mine was to ensure that the activity of mining coal could be carried on in an uninterrupted fashion. This Court also cautioned that the Act should not be construed in a way to frustrate the working of the coal mines altogether, thereby stop or bring down production of coal by the nationalization of coal mines.