This Court, by judgment dated April 10, 2006 in case of T.N. Godavarman Thirumulpad vs. Union of India Ors.
This Court, by order dated November 24, 2003 stayed further companystruction on the land.
The purpose for which the lease deed was executed was to enable the petitioner to set up a companyl washery.
On December 9, 2004, SECL filed Civil Suit No.90 A of 2004 against the State of Chhattisgarh and the petitioner companytending, inter alia, that the land allotted to the petitioner companypany by the State of Chhattisgarh through CSIDC had vested in SECL and that SECL is the owner and in possession of the land in question.Subsequently, the said SLP was tagged with IA No.857 858 of 2003 filed by Mr. Wadhera and one Mr. Deepak Aggarwal respectively.
Ltd. has 26 holdings and another Coal Washery set up belongs to Aryan itself.
The record shows that the said application was heard with two other companynected petitions and judgment was reserved.
It was also mentioned in the said letter that in the event the petitioner chose the second option, Coal India Limited and SECL would be requested by the Ministry to initiate action for leasing the land to the petitioner.
2006 5 SCC 28, dismissed the application of Mr. Deepak Aggarwal observing that it was filed with mala fide intention.
Therefore, the petitioner filed an application for vacating the interim orders dated April 23, 2003 and May 9, 2003.
It applied for the allotment of about 15 hectares 37.91 acres of land of village Nawagaon Khurd number Ratija , District Korba, the land for short for setting up a Coal Beneficiation Plant with a capacity to wash 10 million tons of companyl per annum.
The land demanded was adjacent to already existing two companyl washeries one of which was set up by ST CLI in which one Aryan Coal Beneficiation Pvt.
The High Court, by order dated May 9, 2003, modified its earlier order and allowed the petitioner to companytinue with the companystruction of the main building but restrained it from installing the machineries.
However, the judgment companyld number be pronounced by the High Court.
Pursuant to the said recommendation, a lease deed dated December 5, 2002 for a period of 99 years was executed in favour of the petitioner by the State of Chhattisgarh through CSIDC.
In March April 2003, one Mr. B.L. Wadhera, a public spirited citizen instituted WP C No.1264/2003 before the High Court of Chhattisgarh at Bilaspur to prevent the petitioner from setting up its companyl washery on the land allotted to it by the State Government on the ground that the land allotted were forest land.
The interim order passed staying further companystruction was vacated.
Pursuant to the said lease deed, the petitioner was put in possession of the land.
The record shows that by letter dated May 9, 2003, the petitioner elected the second option.
Meanwhile, the petitioner companypleted companystruction of the main building.
In view of the dispute pertaining to the title of the land between SECL and the State Government, the Union of India, vide letter dated May 7, 2003 sent through the Ministry of Coal, gave the petitioner two options 1 to wait until title issue is decided or 2 to proceed on the assumption that the title vests in SECL and on that basis, to request the SECL to allot the land to the petitioner.
The order for purchase of machineries to be installed was already placed.
The High Court, by an ex parte order dated April 24, 2003, directed the petitioner to maintain status quo regarding the land allotted to it and number to cut trees standing on the land till further orders.
The officials of the Revenue, Forest and Industry Departments of the State companyducted a thorough inspection of the land demanded by the petitioner.
The petitioner filed an application for vacation of the stay order.
On the pronouncement of judgment by this Court, the petitioner filed an application in the writ petition pending before the High Court of Chhattisgarh with a prayer to dismiss the writ petition.
In order to understand the scope and ambit of the prayer made by the petitioner, it would be relevant to numberice certain facts.
M s. Maruti Clean Coal Power Limited is a companypany registered under the provisions of the Companies Act.
Meanwhile, the SECL wrote a letter dated June 27, 2003 to the Ministry of Coal stating that it had numberobjection in leasing the land to the petitioner subject to certain companyditions including the companydition that the fact that the land belonged and belongs to SECL is acceptable to the petitioner.
M. Panchal, J. By filing this Interlocutory Application, M s. Maruti Clean Coal Power Limited which has established a companyl washery of 10 M.T.Y. capacity on Khasra Nos.850/30, 850/24, 850/31, 850/28, 850/27 and 850/32 of Village Ratija, District Korba leased by the State of Chhattisgarh through Chhattisgarh State Industrial Development Corporation CSIDC for short , has prayed to direct M s. South Eastern Coal Field Limited SECL for short to start supply of companyl immediately and issue Transit Passes Delivery Orders through the washery of the petitioner on behalf of linked and other customers on instructions requests from all such customers purchasers of companyl.
Listing of the said application was refused by the Registry on the ground that in the main matter, judgment was reserved.
After being satisfied that the land demanded was number forest land and requirements of environmental laws were companyplied with by the petitioner, the officials recommended to the State to allot the land to the petitioner.
However, subsequently, SECL claimed title to the land and alleged that the land did number belong to the State Government and, therefore, companyld number have been leased by the State to the petitioner.
Feeling aggrieved by order dated May 9, 2003, Mr. B.L. Wadhera filed SLP C No.22531 of 2003.
