GUWAHATI, India, March 8 -- Gauhati High Court issued the following order on Feb. 5:
1. Heard learned counsel for the petitioners as well as the learned counsel for the respondents.
2. The above noted writ petitions having been instituted assailing the communication dated 10-02-2022 issued by the Managing Director, Assam Mineral Development Corporation Ltd. and the grounds of challenge being one and the same, the said writ petitions, as agreed to by the learned counsel for the parties were taken up for consideration analogously. The said writ petitions are accordingly being disposed of by the present order.
3. In the above noted writ petitions the challenge is to a communication dated 10-02- 2022 issued by the Managing Director, Assam Mineral Development Corporation Ltd. (in short "AMDCL") to the Chief Freight Transportation Manager, N.F. Railway, Maligaon, inter alia, stipulating therein that the transit permits/ supporting documents/ papers submitted by the intending coal transporters should be sent to the office of the Managing Director, AMDCL, Assam for verification and issue of NOC jointly by him and the Directorate of Geology and Mining, Assam, before transportation of the coal by rail rake from any railway station situated in the State of Assam.
4. In the above writ petitions, the petitioners have projected that they are involved in the business of trading of coal and by procuring coal from the State of Nagaland and the State of Meghalaya they transport the same through road to the State of Assam for further transportation by railways to different States in the country. It is projected that while transporting the coal from Meghalaya and/ or Nagaland, the petitioners so dispatch the coal with all valid supporting documents, viz. Coal Mining Lease Certificate, Affidavitcum-Indemnity Bond by the consignor, NOC and Transit Passes issued by the competent authorities along with memorandum of understanding between the parties, sale order, production details etc. The documents as sent along with the consignment of coal by the petitioners is projected to be necessary for permitting the trucks carrying such coal to enter into the State of Assam and also for production before the Railway authorities for registration of intents for allotment of rakes for transportation of coals involved. It is further projected in the writ petitions that no dispute has been raised in the matter by the respondent No. 3 and/ or any other authority that the documents produced by the petitioners of coals procured from Nagaland and Meghalaya were forged and/ or not genuine. It is while the petitioners were carrying on their business in the above manner that the Managing Director of AMDCL, i.e. the respondent No. 3 issued a communication dated 10-02-2022 to the Chief Freight Transportation Manager, N.R. Railway, Maligaon and required the railway authorities to transport the coal booked by different coal transporters only after obtaining a NOC from the respondent No. 3 and the Directorate of Geology and Mining, Assam.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=tuqye3PhFs%2BBDn75ghiOpJZxhFZhDmfzw3RYtwwhhCIAdIZP97IoEWUdFENnEBf5&caseno=WP(C)/1631/2023&cCode=1&cino=GAHC010061612023&state_code=6&appFlag=)
Disclaimer: Curated by HT Syndication.
