SMC POWER GENERATION LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) This Petition seeks to set aside the appointment of Bhushan Steel and Strips Ltd. (Respondent No.3) as the 'Leader' of various prospective allocattees including the Petitioner for a captive mining dispensation in respect of the New Patrapara [Patrapara-Aunli- Machhkata part) block in the Mahanadi Coalfileds Limited (MCL) area in pursuance of the provisions contained in Section 3 (3) (a) (iii) of the Coal Mines (Nationalisation) Act, 1973 [Coal Mines Act in short]. This allocation has been made by the Government of India, Ministry of Coal (Respondent No.1), in terms of its letter dated 13.1.2006. The said statutory provisions relevant for the present purposes prescribe that no person other than a company engaged in the production of iron and steel shall carry on coal mining operations in India in any form.

(2.) The allocation/allotment has been made in consonance with the relevant Guidelines which envisage, inter alia, as follows: 7. Allotment of Captive coal mining to consortium of group of companies:

(3.) Respondent No.1 had addressed a letter dated 13.10.2005 to the Petitioner reminding the latter that it had been identified as one of the joint allocattees for a captive coal block of Patrapara in the MCL area. Three options were then in contemplation, as is evident from paragraph 3 of that letter: 3. It is requested that the groups identified may: