Vesting of mine-related property requires factual proof of nexus and user, not a bare statutory assertion

Vesting under the Coking Coal Mines (Nationalisation) Act, 1972 depends on a real nexus between the property and the mine, and where the provision requires it, actual use for mine purposes. The Court found no factual material in the notices or counter-affidavit to show that the buildings and structures were used for coking coal mine purposes, while the respondents maintained they were used otherwise. On those facts, the statutory requirement of user and connection was not established, so vesting could not be sustained and the challenge under Article 136 disclosed no legal infirmity warranting interference.

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Issues: Whether buildings and structures claimed by the appellant formed part of a mine and vested under Section 3(j)(vi) of the Coking Coal Mines (Nationalisation) Act, 1972, and whether the notice and consequential proceedings could be sustained in the absence of factual material showing use or nexus with the mine.

Analysis: The expression "vest" was treated as context-dependent and not of fixed meaning. The statutory language and the prior authorities relied on showed that property would fall within the acquisition only where there is a real connection with the mine and, where required by the provision, actual user for mine purposes. The record showed that the respondents consistently asserted that the properties were used for purposes other than coking coal mines, while the notices and counter-affidavit did not furnish any factual foundation to support vesting. In that situation, the requirement of user and nexus was not established. The challenge under Article 136 also did not reveal any legal infirmity warranting interference.

Conclusion: The buildings and structures did not vest under Section 3(j)(vi) of the Coking Coal Mines (Nationalisation) Act, 1972 on the facts proved, and the appeal failed.

Final Conclusion: The judgment affirms that acquisition under the nationalisation statute could not proceed on a bare invocation of the statutory wording without factual proof of the requisite connection with the mine, and the impugned proceedings were left undisturbed.

Ratio Decidendi: Where a nationalisation provision covers lands or buildings belonging to or in or about a mine, vesting cannot be sustained unless the property has the requisite nexus with the mine and the factual basis for such user or connection is established.

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