S. C. Agrawal, J. - (1.) Special leave granted.
(2.) These appeals are directed against the judgment of the Calcutta High Court dated October, 31, 1995 in appeals arising out of Matters Nos. 940 and 941 of 1994 decided by the learned single Judge of the High Court by order dated April 6, 1992. Since they raise common questions, they are being disposed of together.
(3.) In exercise of the power conferred on it by sub-rule (2) of Rule 81 of the Defence of India Rules, 1939 the Central Government has made the Colliery Control Order, 1945 (hereinafter referred to as the Colliery Control Order) which has been continued in force and is now in operation by virtue of Section 16 of the Essential Commodities Act, 1955 since coal is an essential commodity under Section 2(a) (ii) of the said Act, The Colliery Control Order makes provisions for regulating the production, supply and distribution of coal. The Colliery Control Order postulates that coal shall be supplied by the colliery owner to a person engaged in the business of production, supply and distribution of or trade or commerce in coal on the basis of an order of allotment issued by the Coal Controller. By Notification dated July 24, 1967, the Central Government authorised a person to acquire or purchase or to dispatch or to divert or transfer, without any order of allotment or written authority, non-coking coal of all grades produced in all coal fields and coking coal not required for metallurgical consumers and coal produced in Assam subject to the condition that such coal shall be consumed within India. By Notification dated June 4, 1992 the earlier Notification dated July 24, 1967 was amended and the authorisation to acquire or purchase, or to dispatch or to divert or transfer, without any order of allotment or written authority, was given in respect of (i) non-coking coal of all grades produced in the States of Assam and Meghalaya, (ii) coking coal produced in the States of Assam and Meghalaya which is not required for metallurgical consumers provided that such coking/non-coking coal was not produced in the coal mines of the Coal India Limited or any or its subsidiaries, and (iii) the coal sold under any Liberalised Sales Scheme, framed by the Government of India in the Ministry of Coal, by the Coal India Limited or any of its subsidiaries, and the Singareni Collieries Company Limited, if such sale was not dependent on the condition that such coal would be used by the first purchaser only and was not meant for trading or sale. By Notification dated August 25, 1993 there was further amendment in the Notification dated July 24, 1967, as amended by Notification dated June 4, 1992, whereby in respect of coal sold by Coal India Limited (for short CIL) or any of its subsidiaries under any liberalised sale scheme framed by the Government of India it was prescribed that the collieries for which the coal is to be sold should be duly approved for the purpose by the Government of India and that the coal so sold would not, except in the case of actual user, be subject to the injunction against trading or resale. In accordance with said notification, Liberalised Sales Scheme has been framed from time to time.;