Coal news and updates

Centre wants cases against coal ordinance transferred to SC

In order to avert what it described as a “complex situation” that could impact the auction process, the Centre Monday moved the Supreme Court with a plea to get all the cases, pending before various high courts against the coal ordinance, transferred to the apex court.

“The cases involve the same questions of law and are substantial questions of general importance in as much as challenged the constitutional validity of the provisions of ordinance, rules and tender document by means of various writ petitions before different high courts, which require adjudication and authoritative pronouncement,” said the government while seeking transfer of five cases pending in three HCs.

Of the five petitions, two petitions each have been filed by Jindal Steel & Power Ltd and BLA Power in the Delhi High Court and Madhya Pradesh High Court respectively, while a petition by Sova Ispat Ltd is pending before the Calcutta High

“It will be in the interest of justice that this Hon’ble Court adjudicate upon the common question of law arising due to challenge to the provisions of the ordinance, rules and auction process… different orders being passed by high courts, leading to a complex situation crippling the auction process which has to be completed before March 31, 2015, as ordered by this Hon’ble court,” stated the transfer petition.

The government said that the legal challenges to the constitutional validity of various provisions of the coal mines ordinance were thwarting the auction process of coal blocks and it would be in the fitness of things to urge the Supreme Court to deliver an authoritative pronouncement and put to controversy to rest.

Early in the day, Attorney General Mukul Rohatgi mentioned a similar matter before a bench led by Chief Justice H L Dattu and pointed out that matters were being entertained by various high courts even as the government was making attempts to complete the auction process within the stipulated time.

Rohatgi mentioned the Centre’s appeal against an order by the Madhya Pradesh High Court, which allowed BLA power to participate in the auction process of Gotitioria East and Gotitoria West Coal Mines and restrained the Centre from taking any final decision till the next date of hearing on February 12.

Rohatgi submitted that the petition filed by the BLA Power could not have been admitted by the High Court since its sister concern M/s BLA Industries Ltd had failed to deposit the additional levy of Rs 295 per metric tonne in terms of the SC decision after cancellation of the block.

The bench said it would hear the matter later this week.

Source: The Indian Express