BHARAT COKING COAL LIMITED Vs. KARAM CHAND THAPAR PRIVATE LIMITED
SUPREME COURT OF INDIA (FROM: CALCUTTA)
BHARAT COKING COAL LIMITED
KARAM CHAND THAPAR
Click here to view full judgement.
(2.)It is for the purposes of protecting, conserving and promoting scientific development of the resources of cocking coal being a need to meet the growing requirements of iron and steel industry and for that matter connected therewith or incidental thereto, the right, title and interest of the owners of such coke oven plants have vested in the central government w. e. f. 1st May, 1972 and by an order dated 17th August, 1972, the central government has directed that the right, title and interest thereto shall stand transferred to Bharat Coking Coal Ltd. , dhanbad.
(3.)The word 'vest' in common English acceptation means and implies conferment of ownership of properties upon a person and in the similar vein it gives immediate and fixed right of present and future enjoyment. Significantly, however, the expression 'vest' is a word of variable import since it has no fixed connotation and the same has to be understood in different contexts under different set of circumstances. The decision of this Court in The Fruit and Vegetable merchants Union v. The Delhi Improvement trust lends concurrence to the same. It is in this context a later decision of this Court (Dr. M. Ismail faruqui, etc. v. Union of India and Ors. ) ought also to be noticed, wherein this court stated :
"The vesting of the said disputed area in the central government by virtue of section 3 of the Act is limited, as a statutory receiver, with the duty for its management and administration according to section 7 requiring maintenance of status quo herein under sub-section (2) of section 7 of the act. The duty of the central government as the statutory receiver is to hand over the disputed area in accordance with section 6 of the Act, in terms of the adjudication made in the suits for implementation of the final decision therein. This is the purpose for which the disputed area has been so acquired. The power of the courts in making further interim orders in the suits is limited to, and circumscribed by, the area outside the ambit of section 7 of the Act. The vesting of the adjacent area, other than the disputed area, acquired by the Act in the central government by virtue of section 3 of the Act is absolute with the power of management and administration thereof in accordance with sub-section (1) of section 7 of the Act, till its further vesting in any authority or other body or trustees of any trust in accordance with section 6 of the Act. The further vesting of the adjacent area, other than the disputed area, in accordance with section 6 of the Act has to be made at the time and in the manner indicated, in view of the purpose of its acquisition. The meaning of the word "vest" in section 3 and section 6 of the Act has to be so understood in the different contexts. Section 8 of the Act is meant for payment of compensation to owners of the property vesting absolutely in the central government, the title to which is not in dispute being in excess of the disputed area which alone is the subject matter of the revived suits. It does not apply to the disputed area, title to which has to be adjudicated in the suits and in respect of which the central government is merely the statutory receiver as indicated, with the duty to restore it to the owner in terms of the adjudication made in the suits. "
Copyright © Regent Computronics Pvt.Ltd.