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april 1968

Supreme Court of India · 1968-04-15

UNION OF INDIA vs M/S. KHAS KARANAPURA COLLIERY LTD.

Citation / case number
SC 1965/103
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
M/S. KHAS KARANAPURA COLLIERY LTD.
Bench
HEGDE, K.S.

Judgment text excerpt

The Supreme Court held that the notification issued under Section 4(1) of the Coal Bearing Areas (Acquisition and Development) Act, 1957, was invalid as it violated the second limb of Section 4(4) since mining operations were ongoing in the notified area. The Court ruled that despite the absence of a specific plea regarding this violation in the writ petition, the necessary facts were presented and fully argued in the High Court. The delay in filing the writ petition was not sufficient to deny relief to the respondent, who was aggrieved by the notification requiring cessation of operations in the notified area.

UNION OF INDIA vs M/S. KHAS KARANAPURA COLLIERY LTD. · Niyam