ADHUNIK METALIKS LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS Writ Petition has been filed by M/s. Adhunik Metaliks Ltd. (formerly known as Neepaz Metalics Ltd.) which is a company registered under the Companies Act, 1956. The second Petitioner is one Shri Sanjay Pratap. In this petition there are about five Opposite Parties, four of which are governmental authorities and the fifth Opposite Party is one M/s. Bhushan Steel and Strips Ltd., another company registered under the Companies Act. Opposite Party Nos. 6 to 11 are different companies, arrayed as pro forma Opposite Parties. This Writ Petition has been filed challenging the decision taken by Opposite Party No. 1 on 13.01.2006. The said decision was taken about the mode of allocation of new Patrapada Coal Block in Mahanadi Coal Fields area to Opposite Party No. 5 and also to the Petitioner and various other pro forma Respondents. Whether the scheme of allotment disclosed in the said letter is legally sustainable or not is directly in issue in this Writ Petition.

(2.) BEFORE the Court can go into the said question on merits, a preliminary objection has been raised on behalf of the Union of India, inter alia on the ground that the present Writ Petition is barred by principles of Res Judicata or at any rate by constructive Res Judicata or principles analogous thereto.

(3.) THE Petitioner's case is that this Patrapada coal block was allocated after 2003 to the Petitioner and various other companies in different quantities. The Petitioner complains that as a result of the impugned order, the allocation of the Petitioner company of 42 MMT in 2003, has been reduced to 31 MMT. Apart from that under the present scheme in the impugned order, Opposite Party No. 5 in whose name a mining lease is to be granted would become a leader and Opposite Party No. 5 would do the mining operations at its own cost and the coal raised by it would form a common pool. Out of the said common pool, Mahanadi Coal Fields would purchase the coal from Opposite Party No. 5 and then would supply the same to 7 other companies including the Petitioner in accordance with their individual allotments against,a price.