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2021 Supreme(Del) 1810

NAVIN CHAWLA
Rain Cii Carbon Vizag Ltd – Appellant
Versus
Union Of India – Respondent


Advocates appeared:
C.A. Sundaram, Advocate, Sandeep Sethi, Advocate, Jafar Alam, Advocate, Shivani Khandekar, Advocate, Zafar Inayat, Advocate, Samykya Mukku, Advocate, Pranav Butalia, Advocate, Vinayak Marwah, Advocate, Chetan Sharma, Advocate, Ripudaman Bhardwaj, Advocate, Akshayy Gadeok, Advocate, Sahaj Garg, Advocate, K.V. Vishwanathan, Advocate, Amit Sibal, Advocate, Ashish Prasad, Advocate, Mukta Dutta, Advocate, Avinash Tripathi, Advocate, Ankur Kashyap, Advocate, Rohit Rajershi, Advocate, Neeraj Kishan Kaul, Advocate, Dhananjaya Mishra, Advocate, Arnav Dash, Advocate, Divyanshu Shrivastava, Advocate, Akash Lamba, Advocate, Gaurav Kejriwal, Advocate

JUDGMENT

Navin Chawla, J. - These petitions have been filed challenging the Minutes of Meeting dated 03.06.2020 of the Directorate General of Foreign Trade (DGFT) to the extent that it allocates additional Raw Petroleum Coke (RPC) in favour of M/s Sanvira Industries for production capacity in excess of 2,00,000 Metric Tonnes (MT).

2. These petitionshave a checkered history of orders passed by the Supreme Court as also by this Court and therefore, at the outset, a reference to these would be essential for understanding the underlying disputes.

3. The Supreme Court by its order dated 26.07.2018 passed in WP(C) 13029/1985, M.C. Mehta v. Union of India&Ors., directed the implementation of the decision taken in paragraph 1.10 of the Minutes of Meeting dated 18.07.2018 held between the Ministry of Environment, Forest and Climate Change alongwith Officers of the Ministry of Petroleum and Natural Gas and Environment Pollution (Prevention and Control) Authority for NCR (EPCA) as also with the DGFT, which stated as under:

    "1.10 EPCA stated that based on extensive discussion between MoEFCC, MoPNG and DGFT, a regime for regulating import of pet coke had been suggested by DGFT, which is also compl

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