Supreme Court of India · 1970-01-15
NATIONAL COAL DEVELOPMENT CORPORATION vs MANMOHAN MATHUR
- Citation / case number
- SC 1966/60264
- Court
- Supreme Court of India
- Petitioner
- NATIONAL COAL DEVELOPMENT CORPORATION
- Respondent
- MANMOHAN MATHUR
- Author
- HIDAYATULLAH, M. (),SHELATM.,VAIDYIALINGAM, C.A.,GROVER, A.N.,RAY, A.N.
- Bench
- HIDAYATULLAH, M. (CJ),SHELAT, J.M.,VAIDYIALINGAM, C.A.,GROVER, A.N.,RAY, A.N.
Judgment text excerpt
The Supreme Court upheld the validity of the acquisition of land under the Coal Bearing Areas (Acquisition and Development) Act, 1957, despite the absence of a notification under Section 7, due to the retrospective effect of the Coal Bearing Areas (Acquisition and Development) Amendment Act, 1969. The Court ruled that the amendment deemed notifications under Section 7 to have been issued if no objections were raised under Section 5A of the Land Acquisition Act, 1894. Consequently, the acquisition could not be challenged as Parliament was competent to enact such provisions.