1970 (1) TMI 88 - SC - Indian Laws

Summary

Issues:
- Appeal against judgment and decree of High Court restraining depillaring operations
- Validity of actions under Coal Bearing Areas (Acquisition and Development) Act XX of 1957
- Missing notification under Section 7 of Act XX of 1957
- Impact of Coal Bearing Areas (Acquisition and Development) Amendment Act XXIII of 1969
- Validation of acquisitions under Section 3 of the Amending Act

Analysis:

The Supreme Court heard an appeal against the judgment of the High Court restraining the National Coal Development Corporation Ltd. from carrying out depillaring operations under the land of a respondent. The dispute arose from the application filed under Article 226 of the Constitution to prevent the enforcement of provisions of Act XX of 1957. The High Court restrained the appellant based on the absence of a notification under Section 7 of Act XX of 1957, rendering subsequent actions invalid.

The High Court's decision was based on the argument that the notification under Section 7 of Act XX of 1957 was missing, which was a crucial requirement for the validity of actions under the Act. The Court highlighted the significance of this notification in the scheme of Act XX of 1957, emphasizing its absence as a key factor in deeming subsequent actions as invalid.

However, the Supreme Court considered the impact of the Coal Bearing Areas (Acquisition and Development) Amendment Act XXIII of 1969. This amendment retrospectively amended Section 28(3) of the Act, validating acquisitions that were found ineffective by the courts. The amendment introduced new provisions, including Section 3, which aimed at validating certain acquisitions made by the Central Government, thereby addressing the issues raised in the original judgment.

The Court acknowledged the power of Parliament to create fictions within the legislative framework, even though it might have adverse consequences for individuals affected by such laws. While expressing reservations about the fictional nature of the notifications, the Court upheld the validity of the amending Act and allowed the appeal without issuing any order regarding costs.

In conclusion, the Supreme Court's decision allowed the appeal, considering the amendments introduced by the Coal Bearing Areas (Acquisition and Development) Amendment Act XXIII of 1969, which validated the acquisitions and addressed the missing notification issue under Act XX of 1957. The Court recognized the legislative power to create fictions in the law, despite concerns about the impact on affected individuals.