UNION OF INDIA Vs. NORTH TELUMER COLLIARY

JUDGEMENT

(1.) The coal resources in the country have been brought under State ownership and control by the Coking Coal Mines (Nationalisation) Act, 1972 (hereinafter called 'the Coking Act') and the Coal Mines (Nationalisation) Act, 1973 (hereinafter called 'the Coal Act'). These Acts completely divest the ownership rights in the mines from the owners to the Central Government. The Acts provide for payment of specified amount to each of the owners in lien of take-over. Out of the said amount the claims of the creditors of the owner and other liabilities against him are to be satisfied and the balance if any, is to be paid to the owner. The Acts further provide for accrual of interest on the payable amount for the procedural period. Section 18(5) of the Coal Act and Section 21(5) of the Coking Act provide that the interest accruing on the amount shall enure to the benefit of the owners of coal mines.

(2.) The short question for consideration in these appeals is whether the amount of interest which accrues under the Act is to be paid in its entirety to the owner or the same is also available along with the principal amount for disbursement to the claimants of the owner.

(3.) The provisions of the Coking Act and the Coal Act are identical. Both the Acts were enacted with the same object and purport, one relating to the Coking Coal mines and the other to the coal mines.