Supreme Court of India · 1964-08-14
BISWANATH PRASAD vs UNION OF INDIA & OTHERS
- Citation / case number
- SC 1964/90252
- Court
- Supreme Court of India
- Petitioner
- BISWANATH PRASAD
- Respondent
- UNION OF INDIA & OTHERS
- Author
- GAJENDRAGADKAR, P.B. (),HIDAYATULLAH, M.,SHAHC.,DAYAL, RAGHUBAR,SIKRI, S.M.
- Bench
- GAJENDRAGADKAR, P.B. (CJ),HIDAYATULLAH, M.,SHAH, J.C.,DAYAL, RAGHUBAR,SIKRI, S.M.
Judgment text excerpt
The Supreme Court held that the notifications under Section 4(1) of the Coal Bearing Areas (Acquisition and Development) Act, 1957, were valid and not vitiated by mala fides, despite delays in processing the petitioner's objections. The Court affirmed that Rule 39 of the Coal Mines (Conservation and Safety) Rules, 1954, was validly enacted under Section 17 of the Coal Mines (Conservation and Safety) Act, 1952, and aimed at ensuring coal conservation. The petitioner’s claims regarding the ultra vires nature of the rules and mala fide refusal of permission to open the colliery were rejected, leading to the dismissal of the petition.