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2023 Supreme(Del) 3939

VIKAS MAHAJAN
Electrosteel Castings Limited – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Mr. Sandeep Sethi, Senior Advocate with Mr. Gaurav Lavania, Ms. Monika Singh, Mr. Hemant Kothari, Mr. Ayush Kashyap and Mr. Vikram Dalal, Advocates, for the Petitioner.
Mr. Vineet Dhanda, CGSC for UOI (through VC) with Ms. Kanika Kharbanda, Ms. Gurleen Kaur and Mr.Vikramaditya, Advocates, for the Respondent-1 & 2.
Mr. Neeraj Kishan Kaul, Senior Advocate with Mr. Dhananjaya Mishra, Mr. Navneet Dogra and Ms. Ira Mahajan, Advocates, for the Respondent.

JUDGMENT

Vikas Mahajan, J.

CM APPL. 30822/2023 (Application for interim relief)

1. Aggrieved by the inaction of respondents no.1 and 2 in determining the compensation which is due and payable to the Petitioner towards its land and mine infrastructure in respect of the Parbatpur Coal Block, the petitioner has filed the present writ petition seeking the following reliefs:

    "(a) Declare that the Respondent No. 2's decision to not classify `Pits' as Mine Infrastructure is ultra vires the Act and accordingly declare that the `Pit' is Mine Infrastructure in terms of Section 3(1)(j) of the Act.

    (b) Declare that 'Coal Washery' is Mine Infrastructure in terms of Section 3(1)(j) of the Act.

    (c) Declare that all costs (apart from the costs for statutory consents/permits) which form part of the entry of "Mine Planning and Design expenses" in the audited balance sheet of the Petitioner are to be compensated as Mine Infrastructure in terms of Section 3(1)(j) of the Act.

    (d) Declare that the decision of Respondent No. 2 to not classify `movable' assets that are meant for mining operations as Mine Infrastructure is ultra vires the Act.

    (e) Declare that the list of assets, which form part of Annexure 28as





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