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 question. In addition, it is prayed that the respondents be directed to modify Clause 2.3,1 of the tender document for Gitotoria (East) and Gitotoria (West) Coal Mines (hereinafter referred to as the "subject Coal Mines") and make the said Coal Mines available for the Power Sector or at least, the petitioner during the subject auction process. Alternative relief to this relief has been claimed to strike down section 7 of the Coal Mines (Special Provisions) second Ordinance, 2014 now the Coal Mines (Special Provisions) Act, 2015 (hereinafter referred as "Act"), as unconstitutional. As the Ordinance has now become the Act during the pendency of the writ petitions; and in the light of the pleadings exchanged, the petitioner has amended the petitions and has urged additional grounds and sought further reliefs. By way of amendment, the petitioner has sought direction against the respondents to produce the relevant records pertaining to constitution and business of Technical Committee and to set aside the classification of the subject Coal Mines exclusive for non-regulated sector. Further relief has been claimed to declare that the reverse bidding protocol specified for auction of Coal Mines classified for regulated sector and to reserve only the Mines with reference to more than 100 MT for Power Sector as illegal, as it suffers from the vice of non-application of mind.

2. Although, the petitioner could have asked for the reliefs, as claimed in the second writ petition (W.P. No. 850/2015), in the first writ petition itself, but was advised to file a separate writ petition on the same day praying for striking down clause 4.1.2(a)(i) of the tender document dated 27-12-2014 issued by the respondent No. 2 and to further direct the respondents to permit the petitioner to participate in the auction process. In the alternative, it has been prayed that section 4(4) of the Ordinance (now the said Act), be declared as unconstitutional and void.

3. Briefly stated, the petitioner is incorporated as a Private Company under the provisions of the Companies Act, 1956 having its registered office in Madhya Pradesh. It has set up a Thermal Power Plant at village Nigar, Gadarwara, District Narsinghpur in the State of Madhya Pradesh. It is engaged in the business of power generation and claims to be the first independent power producer in the State of Madhya Pradesh. It is stated that the said project was set up by the petitioner under the Private Partnership module, where at least 35% of the power generated, was required to be sold in the State of Madhya Pradesh, as per the policy of the Government of Madhya Pradesh - to facilitate private investments in the power generation projects and development projects in the State of Madhya Pradesh. It is the case of the petitioner that it h