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1980 (8) TMI 197 - SC - Indian LawsWhether 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? 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? Whether subsidy receivable from the erstwhile Coal Board established under s. 4 of the Coal Mines (Conservation, Safety and Development Act, 1952) upto 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-s. (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? Held that:-Partly allowing the claim of the petitioners with regard to the subsidy amount of ₹ 4.50,000 is set aside, and the writ petition is dismissed: Accordingly, the appeal of the Union of India is allowed and that of the Industrial Supplies Pvt. Ltd., is dismissed with costs throughout.
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