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2010 Supreme(Del) 357

S.MURALIDHAR
CENTRAL COLLIERIES COMPANY LTD. – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
Mr. Ravi Gupta, Sr. Advocate Mr. Rishi Kapoor, Advocate
Mr. P.P. Malhotra, Mr. Ravinder Agarwal,
Mr. Rahul Khurana, Advocate for Ms. Subhangi Tuli, Advocate

JUDGMENT

1. The challenge in this writ petition is to an order dated 3rd November 2004, passed by the Additional Secretary, Ministry of Coal and Mines, acting as the Revisional Authority under Section 30 of the Mines and Mineral (Development and Regulation) Act, 1957 [hereinafter referred to as the “MMDR Act”]. Also challenged in this petition is an order dated 30th October 2002, passed by the Coal Controller, Ministry of Coal and Mines, Government of India whereby the Petitioner was directed not to dispose of/supply the coal mined from the leased area of its captive coal mine to any agency or party other than its proposed power plant.

Background Facts

2. The Petitioner Central Collieries Company Ltd. (hereinafter referred to “CCCL”) having its office at Nagpur and engaged inter alia in the business of mining applied on or around 4th July 1996 to Ministry of Coal for grant of a captive coal mining block for their proposed washery-cum-power generation project. It is stated that on 29th May 1998 the Screening Committee, an in-house mechanism set up by the Ministry of Coal, identified coal blocks which could be granted to CCCL. This was communicated to CCCL by a letter dated 29th May












































































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