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2006 Supreme(SC) 1223

S.B.SINHA, P.P.NAOLEKAR
ASHOKA SMOKELESS COAL INDIA (P) LTD. – Appellant
Versus
Union Of India – Respondent


Judgment

S.B. SINHA, J. -

Introduction

1. Leave granted in all the special leave petitions.

2. The validity and/or legality of a scheme framed by Coal India Limited for sale of coal by electronic auction (e - auction) is in question in these appeals and transferred applications.

3. "Coal" indisputably plays an important role in the development of b economy of the country. It had been the subject - matter of regulatory measures even under the Defence of India Rules. Production, distribution, supply and price of coal were controlled and regulated under the Colliery Control Order, 1945 (the 1945 Order) framed under the said Rules. The said Order was continued under the Essential Commodities Act, 1955. Under the Colliery Control Order, the Coal Controller was even authorised to allot quotas of coal to the Central Government as well as the State Governments; C although the said procedure is now not in vogue in view of decontrolling notifications issued there under by the Central Government from time to time. The quality as well as quantity of coal required by all consumers used to be regulated by the Coal Controller. Coal was the only mineral which was subjected to nationalisation, in
























































































































































































































































































































































































































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