CHIEF OF MARKETING MAKETING DIVISION COAL INDIA LIMITED Vs. MEWAT CHEMICALS AND TINY S S I COAL PULVERISING UNIT

JUDGEMENT

(1.) THIS Appeal is against the judgment of the Calcutta High Court dated 20th March, 1998.

(2.) BRIEFLY stated the facts are as follows : In pursuance of the power under Section 3 of the Essential Commodities Act, 1955 the Colliery Control Order was framed. Under Clause 12-A of the Colliery Control Order the Central Government could by Notification specify the authorities competent to allot quota of coal to any person or class of persons. Clause 12-A further provides that every such authority shall allot coal subject to such instructions as the Central Government may issue from time to time.

(3.) THEREAFTER on 23rd April, 1996 a Circular was issued by the then Director, Ministry of Coal, wherein it was specified that all grades of coal which were governed by notified prices should only be allotted to power sector. It was specified that other consumers of coal had to be given coals of grades for which the prices have been decontrolled. This Circular also withdraw allotment of coal of D grade and below to small scale industries and Vriquetting units.