Sen, J. - (1.) These appeals by special leave against a judgment of the Delhi High Court turn on the construction of certain provisions of the Coking Coal Mines (Nationalisation) Act, 1972.
(2.) The appeals raise a question of for reaching importance namely, whether a raising contractor of a coal mine is an owner within the meaning of sub-s. (1) of S. 4 of the Coking Coal Mines (Nationalisation) Act, 1972 (hereinafter referred to as the Nationalisation Act); and if so, whether the fixed assets like machinery, plants, equipment and other properties installed or brought in by such a raising contractor vest in the Central Government. They also give rise to a subsidiary question, namely, whether subsidy receivable from the erstwhile Coal Board established under S. 4 of the Coal Mines (Conservation, Safety and Development) Act, 1952 up to the specified date, from a fund known as Conservation and Safety Fund, by such raising contractor prior to the appointed day, can be realised by the Central Government by virtue of their powers under sub-sec. (3) of S. 22 of the Nationalisation Act, to the exclusion of all other persons including such contractor and applied under sub-s. (4) of S. 22 towards the discharge of the liabilities of the coking coal mine, which could not be discharged by the appointed day.
(3.) To make the points intelligible, it is necessary to state a few facts. By an agreement dated February 7, 1969 made between Messrs Balihari Colliery Co. Pvt. Ltd. (hereinafter referred to as the owner) of the one part and Messrs Industrial Supplies Pvt. Ltd. (hereinafter referred to as the 'petitioners') of the other part, it was recited as follows. "WHEREAS the Owners are the Owners of a Working Colliery comprising an area of 300 bighas more or less and known as Balihari Colliery particularly described in the first schedule hereunder written held under the lease and sub-leases mentioned in the said Schedule and in connection therewith have built various structures, dhewrsho coolie lines (hereinafter referred to as the said buildings) and also installed and put up various machinery, plants tools implements and utensils (hereinafter referred to as the said machinery) therein; AND WHEREAS the owners have appointed Industrial Supplies Private Limited as Managing Contractor of their said colliery and the said Managing Contractor has agreed to act as such Managing Contractor for the period and upon the terms and conditions herein contained:";