Punjab State Power Corporation Limited vs EMTA Coal Limited

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(SC) 560

L.NAGESWARA RAO, B.R.GAVAI, B.V.NAGARATHNA
Punjab State Power Corporation Limited – Appellant
Versus
EMTA Coal Limited – Respondent

Advocates appeared:
For the Petitioner(s): Mr. Salman Khurshid, Sr. Adv. Mr. KV Vishvanathan, Sr Adv Mr. Atul Nanda, Adv Mr. Karan Bharihoke,AOR Mr. Venkataraman R., Adv Mr. Siddhant Sharma, Adv Ms. Neha Sahai Bharihoke,Adv. Ms. Sakshi Kotiyal, Adv Mr. Zafar Khurshid, Adv Mr. Asif Rashida, Adv Mr. Abhishek Manu Singhvi, Sr. Adv. Mr. Dhruv Mehta, Sr. Adv. Ms. Vanshaja Shukla, Adv. Ms. Gunjan Chowksey, Adv. Mr. Shantanu Shrivastava, Adv. Mr. Abhishek Singh, AOR
For the Respondent(s): Mr. Mukul Rohatgi, Sr. Adv. Mr. Abhimanyu Bhandari,Adv. Mr. Sangram S. Saron, Adv. Ms. Roohe Hina Dua, Adv. Mr. Ejaz Maqbool, AOR Ms. Akriti Chaubey, Adv Mr. Saif Zia,Adv. Mr. K.V. Viswanathan, Sr Adv. Mr. Atul Nanda, Adv. Mr. Karan Bharihoke,AOR Mr. Venkataraman R., Adv. Ms. Neha Sahai Bharihoke, Adv. Mr. Siddhant Sharma, Adv. Mr. Sanjay Jain, ASG Ms. Aishwarya Bhati, ASG Mr. Gurmeet Singh Makkar, AOR Ms. Ruchi Kohli, Adv. Ms. Archana Pathak Dave, Adv. Mr. Mohd.Akhil, Adv.

JUDGMENT :

B.R. GAVAI, J.

1. Leave granted.

2. A short question relating to interpretation of Section 11 of the Coal Mines (Special Provisions) Act, 2015 (hereinafter referred to as the “said Act”) which is an outcome of the judgment of this Court in the case of Manohar Lal Sharma vs. Principal Secretary and Others, (2014) 9 SCC 516 (hereinafter referred to as “Manohar Lal Sharma-I”) and an ancillary question pertaining to scope of judicial review of an administrative action of the State Authority arise for consideration in these appeals.

3. These appeals challenge the judgment and order passed by the Division Bench of the High Court of Punjab and Haryana dated 25th January 2019, thereby allowing the civil writ petitions being CWP Nos. 10055 and 16245 of 2018, filed by the respondent herein-EMTA Coal Limited (hereinafter referred to as “EMTA”) and holding that the respondent herein will have the first right of refusal in the matter of lending of Mining Lease.

4. The facts in the present case are not in dispute, which are taken from appeals arising out of SLP(C) Nos. 9924-9925 of 2019.

5. The Punjab State Electricity Board (hereinafter referred to as the “PSEB”) which is now known as Punj

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2021 Supreme(SC) 560

L.NAGESWARA RAO, B.R.GAVAI, B.V.NAGARATHNAPunjab State Power Corporation Limited – AppellantVersusEMTA Coal Limited – Respondent

Cases Referred (7)

L.NAGESWARA RAO, B.R.GAVAI, B.V.NAGARATHNA
Punjab State Power Corporation Limited – Appellant
Versus
EMTA Coal Limited – Respondent