Supreme Court of India
Digital Supreme Court Reports
The Official Law Report Fortnightly ISSN: 3048-4839 (Online)
Home
Full Text

SANJEEV COKE MANUFACTURING COMPANY vs. BHARAT COKING COAL LTD. AND ANOTHER

SCR Citation: [1983] 1 S.C.R. 1000
Year/Volume: 1983/ Volume 1
Date of Judgment: 10 December 1982
Petitioner: SANJEEV COKE MANUFACTURING COMPANY
Disposal Nature: Petition Dismissed
Neutral Citation: 1982 INSC 93
Judgment Delivered by: Hon'ble Mr. Justice O. Chinnappa Reddy
Respondent: BHARAT COKING COAL LTD. AND ANOTHER
Case Type: TRANSFERRED CASE (CIVIL) /1/1980
Order/Judgment: Judgment
1. Headnote

(A) Constitution of India, 1950, Articles 226 and 32-Practice and Procedure-In proceedings involving constitutional issues, courts cannot travel beyond their scope.

(B) Interpretation of Statutes-Rules of Construction-Value of grammar.

(C) Constitution of India, 1950-Legislative validity of Tests for determination-Affidavits made in the courts to sustain legislation, value of.

(D) Constitution of India, 1950, Articles 39(b), 31C and 14-Directive Principle of State Policy under Article 39(b)-Immunity of challenge under Article 31C on ground of violation of Article 14 is not permissible, Coking Coal Mines (Nationalisation) Act 36 of 1972.

(E) Constitution of India, Article 14-Whether Coking Coal Mines (Nationalisation) Act is violative of Art. 14.

(F) Judicial review of matters of State policy like scheme of Nationalisation-Proceedings under Article 226.

(G) Constitution of India, Article 39(b)-Whether "material resources of the community" referred to is confined to "natural resources".

(H) Constitution of India, Article 31C (as amended by the Constitution Forty Second Amendment Act 1976, and Articles 14 and 39 Scope of-Article 31C with its extended protection is constitutionally valid.

(I) Coking Coal Mines (Nationalisation) Act (Act 36 of 1972) Sections 3 (g), 13(b) and 4(1)-The definition of "Coke oven plants" in Section 3(b) should be read together with clauses (vi) and (x) of 3(i) defining "mine" for understanding the correct description of "Mines" in the Act.

(J) Costs in proceedings under Articles 226 or 3 when the grievances are not frivolous, cost should not be awarded, when the petition is dismissed.

Consequent to the passing of the Coking Coal Mines (Emergency Provisions) Act, 1971, which was replaced by the Coking Coal Mines (Nationalisation) Act, 1972, the Coal Mines (Taking Over of Management) Act, 1973 and the Coal Mines (Nationalisation) Act, 1973, all coal mines known to exist in the country were nationalised, whether they are coking coal mines or non-coking mines. Along with them coke oven plants in or belonging to the mines were also nationalised. In addition twelve specified coke oven plants not belonging to the owners of the mines, but known to exist near about the mines were also nationalised. All other coke oven plants were left out of the scheme of nationalisation for private exploitation.

Sanjeev Coke Manufacturing Company, Bhowra Coke Company who were owners of the coke oven plants described in items 2 and 9 of the Second Schedule filed writ petitions in the Calcutta High Court challenging the inclusion of their coke oven plants in the Second Schedule as violative of the provisions of Article 14 of the Constitution. The writ petitions were withdrawn to the Supreme Court under Article 139 Α.

2. Case referred
3. Act
  • Constitution Of India
  • Constitution Of India
  • Coking Coal Mines (Nationalisation) Act, 1972 (36 of 1972)
4. Keyword
  • Coking Coal Mines