Read Time: 06 minutes

The Supreme Court has confirmed the order of eviction of unauthorized occupants from the public premises at the Dhanbad Coal mines area under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.

M/S Bharat Coking Coal Ltd, a government company approached the Top Court against an order of the High Court setting aside the orders of eviction passed under the Act of 1971. Bharat Coking had initiated the proceedings way back in 1984.

In 1984, the Estate Officer, Dhanbad had initiated proceedings under the provisions of the Act, against Bhatia brothers and others (the respondents), on the ground that they were unauthorised occupants of plot nos. 553, 554, 555, 556 and 559 to 564 located in Village Matkuria, District Dhanbad. However, the Bhatia brothers had argued that the land in question was not a coalmine as that was used for other purposes.

Thereafter, the question which the Estate Officer, the District Court and the High Court dabbled with, was as to whether the property in occupation of the respondents and their predecessor in interest was covered by the definition of the expression "mine" as per Section 2(h) of the Nationalisation Act.

Dealing with the same question, relying on clause (xi) of Section 2(h) of the Coal Mines (Nationalisation) Act, 1973, ("Nationalisation Act"), the Top Court noted that, even the land 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".

The bench of Justices Hemant Gupta and V Ramasubramaniam further remarked that the "Coal Mines (Nationalisation) Act, 1973, is a little different from the statutory enactments nationalizing institutions such as banks, insurance companies, etc."

In light of Section 3(1) of the Nationalisation Act, which declared that on the appointed day, which was May 1, 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, Court said, 

"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... Therefore, the ownership of the land was immaterial. If the land fell within the definition of the 6 expressions "mine" under the Nationalisation Act, the same stood transferred to and vested in the Central Government under Section 3(1)."

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, fell to the ground.

Thus, as per statutory prescription, the orders of eviction were upheld.

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