RANCHI, India, Nov. 12 -- Jharkhand High Court issued the following order on Oct. 13:

1. Both these appeals, preferred by the Union of India under Clause-10 of the Letters Patent, are directed against the common order/judgment dated 06.12.2022 passed in W.P.(C) No.1128 of 2020 (impugned in L.P.A. No.67 of 2023) and W.P.(C) No.1126 of 2020 (impugned in L.P.A. No.61 of 2023), whereby and whereunder, the writ petitions have been disposed of by quashing the show cause notices issued by the Deputy Secretary being the Nominated Authority, Ministry of Coal, Govt. of India with a liberty to pass order afresh.

Factual Matrix

2. Since, similar facts and prayers have been made in both the cases as such for the sake of convenience, the brief facts of one of the cases, i.e., L.P.A. No.67 of 2020 arising out of W.P.(C) No.1128/2020, is being referred hereinbelow.

3. The brief facts of the case, as per the pleading made in the writ petition [W.P.(C) No.1128/2020], requires to be enumerated, which read as under: -

(i) It is the case of the writ petitioner that the petitioner is a company registered under the Companies Act, 1956.

(ii) The petitioner proposes to set up an integrated steel plant in Jharkhand. The State of Jharkhand and the petitioner had entered into a Memorandum of Understanding on 09.11.2005 in terms of which the Government of Jharkhand had assured to provide all assistance to the petitioner inter alia in acquiring land, getting mining lease etc.

(iii) The Hon'ble Apex Court vide its judgment dated 25.08.2014 and 24.09.2014 passed in Manohar Lal Sharma vs. The Principal Secretary & Ors., (2014) 9 SCC 516, had deallocated 214 Coal Blocks which were previously allocated by the Ministry of Coal, Government of India including the Moitra Coal Block which allocated to the prior allottee.

(iv) Subsequent to the aforesaid judgment, an ordinance was promulgated by his Excellency the President of India, being Coal Mines (Special Provisions) Ordinance, 2014.Thereafter, the Coal Mines (Special Provisions) Act, 2015 was brought into force retrospectively from 21.10.2014 and in terms thereof the Central Government has also framed Coal Mines (Special Provisions) Rules, 2014.

(v) After passing of the Act by the Parliament, fresh bidding was conducted for allocation of the different Coal Blocks in which the petitioner had also participated. In the auction, Moitra Coal Block was allocated to the petitioner.

(vi) Pursuant thereof, an agreement was executed between His Excellency the President of India, acting through the Central Government represented by the Nominated Authority and the petitioner on 17.03.2015 in terms of Rule- 13(5) of the Coal Mines (Special Provisions) Rules, 2014 and the said agreement is termed as "Coal Mines and Development and Protection Agreement".

(vii) Pursuant to the aforesaid agreement, the petitioner was required to furnish a bank guarantee of Rs. 1,715,803,210.00 in terms of Clause 6.1 of the agreement, the petitioner accordingly furnished a bank guarantee of Rs. 1,715,803,210.00 dated 26.03.2015.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=tuqye3PhFs%2BBDn75ghiOpE8VEt7vP4IWVHjM3LQ9EFKkBVsEV3x5oBLq%2BKVj6Fmw&caseno=LPA/67/2023&cCode=1&cino=JHHC010042942023&state_code=7&appFlag=)

Disclaimer: Curated by HT Syndication.