A. M. KHANWILKAR, K. K. TRIVEDI
BLA Power Pvt. Ltd. – Appellant
Versus
Union of India – Respondent
A.M. Khanwilkar, CJ.
1. This common judgment will dispose of the two writ petitions filed by the same petitioner in respect of overlapping cause of action and reliefs. Both these petitions were filed on 16-1-2015, essentially, to question the provisions of the Coal Mines (Special Provisions) Ordinance, 2014 (5 of 2014), the Coal Mines (Special Provisions) Second Ordinance, 2014 (7 of 2014), the Coal Mines (Special Provisions) Rules, 2014 and the action taken thereunder by the appropriate Authority. In the first writ petition (W.P. No. 846/2015) declaration is sought that the orders dated 18-12-2014 and 24-12-2014 issued by the respondents are ultra vires section 7 of the Ordinance (now the Coal Mines (Special Provisions) Act, 2015) and the Constitution of India. Alternative relief has been prayed that the respondents be directed to modify the orders dated 18-12-2014 and 24-12-2014 so as to make the power generating stations such as the petitioner, eligible to participate in the auction process. Further direction is sought against the respondents to make available the subject Coal Mines for generating stations engaged in generation of power, for the auction process in quest
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