AIR 1963 SUPREME COURT 1241

Supreme Court Of India

Hon'ble Judge(s): B. P. Sinha, S. Jafer Imam, K. Subba Rao, J. C. Shah, N. Rajagopala Ayyangar, J. R. Mudholkar , JJJ

(A) Coal Bearing Areas (Acquisition and Development) Act (20 of 1957) , S.4, S.7— Acquisition of coal bearing areas vested in State by Union- Provisions are not ultra vires. Constitution of India , Art.246(2), Art.31, Sch.VII List III Entry 42— @page-SC1242 Per majority, Subbha Rao, J. Contra. Parliament has legislative competence to enact a law for compulsory acquisition by the Union of Land and other properties vested in or owned by the State(Para 79) The State of West Bengal is not a sovereign authority such as to disentitle. The Union Parliament to exercise its legislative power under Entry 42, List III(Para 79) The Coal Bearing Areas (Acquisition and Development) act of any of its provisions are not ultra vires the legislative competence of Parliament.(Para 79) The State of West Bengal is not entitled to an injunction restraining the Union from proceeding under the provisions of Ss. 4 and 7 of the Act In respect of the coal-bearing lands vested in the State.(Para 79) The Coal Bearing Areas (Acquisition and Development) Act on its true construction applies to lands vested in or owned by the State of West Bengal.(Para 79) The Parliamentary power of legislation t....