Gauhati High Court
Pankaj Coal Enterprise And 14 Ors vs Coal India Ltd And 4 Ors on 8 May, 2019
Author: Ujjal Bhuyan
Bench: Ujjal Bhuyan
Page No.# 1/6
GAHC010193932017
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 1483/2017
1:PANKAJ COAL ENTERPRISE and 14 ORS.
A PARTNERSHIP FIRM HAVING ITS OFFICE AT MARGHERITA, P.O.
MARGHERITA 786181 DIST. TINSUKIA, ASSAM AND IS REP. BY ONE OF ITS
PARTNER SRI PANKAJ CHOUDHARY, S/O PAWAN CHOUDHARY
2: SHIV SHAKTI COAL SUPPLIER
A PROPRIETORAL FIRM
REP. BY ITS PROPRIETOR SRI NARAYAN CH. PAUL
S/O LT. DHIRENDRA CHANDRA PAUL
AND HAVING ITS OFFICE AT MARGHERITA
P.O. MARGHERITA 786181
DIST. TINSUKIA
ASSAM
3: M/S LAKSHMI NARAYAN SALES CORPORATION
A PROPRIETORAL FIRM
REP. BY ITS PROPRIETOR
SMT. RAKHI GUPTA D/O PARESH AIDYA
AND HAVING ITS OFFICE AT MARGHERITA
P.O. MARGHERITA 786181
DIST. TINSUKIA
ASSAM
4: CHOUTHMAL MANGALCHAND
A PROPRIETORAL FIRM
REP. BY ITS PORP. USHA DEVI CHOUDHARY
D/O LT. MANGAL CHAND AGARWAL
AND HAVING ITS OFFICE AT TINSUKIA
P.O. TINSUKIA- 7861814
DIST. TINSUKIA
ASSAM
5: ROYAL COKE COAL
A PROPRIETORAL FIRM
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REP. BY ITS PROPRIETOR SRI BHUPEN DOWARI S/O LT. SONADHAR
DOWARI
AND HAVING ITS OFFICE AT BORGOLAI
P.O. BORGOLAI 786181
DIST.TINSUKIA
ASSAM
6: M/S S.R. ASSOCIATES
A PROPRIETORAL FIRM
REP. BY ITS PROPRIETOR ZAKARUDDIN AHMED
S/O MUHIBUDDIN AHMED
AND HAVING ITS OFFICE AT MARGHERITA
P.O. MARGHERITA
DIST. TINSUKIA
ASSAM
7: R.S. TRADERS
A PROPRIETORAL FIRM
REP. BY ITS PROPRIETOR SRI LAXMAN BHAGAT S/O LT. PARGAN
BHAGAT
AND HAVING ITS OFFICE AT A.T. ROAD
HIJUGURI
TINSUKIA
ASSAM
8: PATKAI COAL PRODUCTS PVT. LTD.
A COMPANY REGISTERED UNDER THE COMPANIES ACT
1956
HAVING ONE OF ITS OFFICE AT P.O. LEDO
DIST. TINSUKIA
PIN - 786182
ASSAM AND IS REP. BY ONE OF ITS DIRECTOR GANESH AGARWAL
S/O LT. J.M. AGARWAL
9: M.D HASIJA PVT. LTD.
REP. BY ONE OF ITS DIRECTOR SRI DAVINDER KUMAR HASIJIA
R/O FLAT NO. 4
MEGHA RESIDECY
BELTOLA
TINIALI
KAMRUP M
GUWAHATI AND HAVING ITS OFFICE ALSO AT - SAFIABADI GATE
PATIALA PUNJAB.
10: BENGAL TEA and FABRICS LTD.
A COMPANY REGISTERED UNDER THE COMPANIES ACT
1956
HAVING ITS REGISTERED OFFICE AT 45 SHAKESPEARE SARANI
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CENTURRY TOWERS
KOLKATA
W.B. AND IS REP. BY ITS AUTHORIZED SIGNATORY
SRI ANIL KUMAR KHAITAN
11: M.K. SHAH EXPORTS LTD.
A COMPANY REGISTERED UNDER THE COMPANIES ACT
1956
HAVING ITS REGISTERED OFFICE AT M.K. HOUSE 2/2 JUSTICE
DWARKANATH ROAD
KOLKATA AND IS REP. BY ITS AUTHORIZED SIGNATORY
SRI SANJIT CHALIHA.
12: M/S MAA KAMAKHYA FUEL LINK
A PROPRIETORSHIP FIRM HAVING ITS OFFICE AT KABAITARY
JOGIGHOPA
DIST. BONGAGAON
AND IS REP. BY ITS AUTHORIZED REPRESENTATIVE SRI PARMESWAR
LAL PAREEK
13: M/S M SHARMA
A PARTNERSHIP FIRM HAVING ITS OFFICE AT N.H. 37
RANGAPARA
SONITPUR
ASSAM AND IS REP. BY ITS AUTHORIZED REPRESENTATIVE SRI
PARMESWAR LAL PAREEK
14: M/S SUPER TRADING COMPANY
PARTNERSHIP FIRM HAVING ITS OFFICE AT TULSIDEUR PIPRAICH
GORKHPUR
U.P. AND IS REPRESENTED BY ITS PROPRIETOR SRI ASHOK KUMAR
JAISWAL.
15: M/S GURMUKH RAI BASDEODASS
A PARTNERSHIP FIRM HAVING ITS OFFICE AT GOPI NIWAS
MANDI DANGANJ
KHURJA
U.P. AND IS REP. BY ONE OF ITS PARTNER SRI PRAKASH CHAND PODDAR
16: M/S MAA KARNI COAL
A PROPRIETORSHIP FIRM HAVING ITS OFFICE AT DIGAMBAR CHOWK
JORHAT
ASSAM- 785001 AND IS REP. BY ITS AUTHORIZED REP. RAVI KANT BUCH
VERSUS
1:COAL INDIA LTD and 4 ORS.
NETAJI SUBHASH ROAD, KOLKATA, THROUGH ITS CHAIRMAN, PIN -
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700001.
2:THE NORTH EASTERN COALFIELDS LIMITED
THROUGH ITS CHAIRMAN CUM MANAGING DIRECTOR
NORTH EASTERN COALFIELDS LIMITED CHRISTIAN BASTI
G.S. ROAD
GUWAHATI
DIST. KAMRUP M
ASSAM
PIN - 781006.
3:THE GENERAL MANAGER S and M
NORTH EASTERN COALFIELDS LIMITED TINSUKIA
ASSAM
PIN- 786181
4:THE GENERAL MANAGER FINANCE
NORTH EASTERN COALFIELDS LIMITED TINSUKIA
ASSAM
PIN - 786181.
5:AREA SALES MANAGER
COAL INDIA LIMITED MARGHERITA PIN - 786181
Advocate for the Petitioner : MR.A J HAZARIKA
Advocate for the Respondent : MR.M Z AHMED
BEFORE
HONOURABLE MR. JUSTICE UJJAL BHUYAN
ORDER
Date : 08-05-2019 Heard Ms. BS Goyal, learned counsel for the petitioners and Mr. MZ Ahmed, learned Senior Counsel assisted by Mr. AM Dutta, learned counsel representing Coal India Ltd. and its officials.
In this writ petition, petitioners seek a direction to the respondents, more particularly Northeastern Coalfields, Coal India Ltd. not to levy/realize any contribution in the name of District Mineral Foundation from the contractual bills of the petitioners.
Mr. Ahmed, learned Senior Counsel fairly submits that issue raised in this writ petition has been decided by the Supreme Court in Transferred Case (Civil) No.43/2016 ( Federation of Page No.# 5/6 Indian Mineral Industries Vs. Union of India ), decided on 13.10.2017. Conclusions of the Supreme Court are as under: -
" Conclusion
46. Having considered the issues raised by the petitioners and by the learned Additional Solicitor General in different perspectives, we hold:
(i) Merely because the DMFs have been established or are deemed to have been established from a date prior to the issuance of the relevant notifications does not make their operation retrospective. (ii) In any event, the establishment of the DMFs (assuming the establishment is retrospective) from 12th January, 2015 does not prejudicially affect any holder of a mining lease or a prospecting licence-cum-mining lease. (iii) In view of the failure of the Central Government to prescribe the rate on 12th January, 2015 at which contributions are required to be made to the DMF, the contributions to the DMF cannot be insisted upon with effect from 12th January, 2015. Fixing the maximum rate of contribution to the DMF is insufficient compliance with the law laid down by the Constitution Bench in Vatika. (iv) Contributions to the DMF are required to be made by the holder of a mining lease or a prospecting licence-cum-mining lease in the case of minerals other than coal, lignite and sand for stowing with effect from 17th September, 2015 when the rates were prescribed by the Central Government. (v) Contributions to the DMF are required to be made by the holder of a mining lease or a prospecting licence-cum-mining lease in the case of coal, lignite and sand for stowing with effect from 20th October, 2015 when the rates were prescribed by the Central Government or with effect from the date on which the DMF was established by the State Government by a notification, whichever is later.
(vi)The notification dated 31 st August, 2016 issued by the Central Government is invalid and is struck down being ultra vires the rule making power of the Central Government under the MMDR Act.
47. We fervently hope the State Governments recognize their responsibilities and utilize the contributions to the District Mineral Funds quickly and for the object for which they have been established, particularly since the amounts involved are huge.
48. We grant time till 31st December, 2017 to those holders of a mining lease or a prospecting licence-cum-mining lease who have not made the full contribution to the District Mineral Funds to pay the contribution, failing which they will be liable to make the contribution with interest at 15% per annum from the due date. We also make it clear that in the event any holder of a mining lease or a prospecting licence-cum-mining lease has mistakenly made contributions to the District Mineral Fund from a date prior to the date that we have determined, such a holder of a mining lease or a prospecting licence- cum-mining lease shall not be entitled to any refund but may adjust Page No.# 6/6 the contribution against future contributions, without the benefit of any interest."
In view of above, issue raised in the writ petition would stand covered by the aforesaid directions of the Supreme Court.
Writ petition is disposed of.
JUDGE Biplab Comparing Assistant