COAL INDIA LIMITED Vs. VIDARBHA INDUSTRIES POWER LIMITED

JUDGEMENT

(1.) Since both these appeals have been filed challenging the orders dated 31.01.2018, 21.02.2018 and 07.03.2018, and have similar grounds they are being disposed of by a common order. LPA No. 173/2018 has been filed by the Union of India and LPA No. 169/2018 has been filed by Coal India Limited assailing the three orders mentioned above. For the sake of convenience, Union of India is hereinafter being referred to as appellant No. 1 and Coal India Limited as appellant No. 2.

(2.) The brief and necessary facts relevant for adjudication of the present appeals, as culled out from the pleadings of the parties on record, are as under:-

(3.) During the hearings, we have been informed by learned senior counsel for Appellant No. 2 and the learned ASG, that the Inter-Ministerial Committee had taken a decision on 18.07.2018. Copy of a letter dated 25.07.2018 was handed over to the Court in this regard. The letter was addressed by Appellant No. 1 to Appellant No. 2 as well as another Coal Company, namely SCCL, in whose case, a similar situation had arisen. Vide this letter the decision of the Committee was communicated. Attention of the court was drawn to para 2(a) of the said letter and it was submitted that it had been decided by Appellant No. 1 that all power plants which have a valid and already concluded long term PPA based on domestic coal, on or before 17.05.2017, but have not secured any coal linkage under Shakti Scheme or prior policy or through coal blocks, may be allowed to participate in the auctions, as envisaged in para B(ii) of the Shakti policy.