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2015 Supreme(All) 600

VIKRAM NATH, SHASHI KANT
PAVAN COAL COMPANY L. L. P. – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Shanti Bhushan, Rahul Agarwal, Rohan Gupta, Chhotey Lal Pandey and Ms. Kamini Jaiswal for the Petitioner; Ravi Kant, C.S.C., Anurag Khanna, Nipun Singh, Mohit Singh, Ram Gopal Tripathi and Ajay Bhanot for the Respondents.

JUDGMENT

Hon’ble Vikram Nath, J.—The Ministry of Coal, Government of India issued an Office Memorandum dated 18.10.2007 laying down the New Coal Distribution Policy with regard to the consumers in Small and Middle Sectors as contained in Paragraph 3 of the Coal Policy filed as Annexure-2 to the Writ Petition No. 12680 of 2015 which directed that the earmarked quantity of coal for companies/consumers would be distributed through the agencies notified by the State Governments. It also provided that these agencies could be State Government Agencies, Central Government Agencies [National Cooperative Consumer Federation (NCCF)/National Small Industries Corporation (NSIC) etc.] or industries associations as the State Government may deem appropriate. The agency so notified will continue to distribute coal until the State Government chooses to denotify it. There was further incorporation made that the agency/association so notified by the State Government would be required to enter into Fuel Supply Agreement (FSA) with coal company to be designated by the Coal India Limited and such agreement would continue to remain in force till either the State Government denotifies the agency/associatio

















































































































































































































































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