Chattisgarh High Court
Chhattisgarh Sponge Iron ... vs Union Of India 60 Wpc/718/2018 Shiv ... on 31 October, 2018
Author: Prashant Kumar Mishra
Bench: Prashant Kumar Mishra
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPC No. 526 of 2016
1. Chhattisgarh Sponge Iron Manufacturers Association 208, Second Floor,
Deshbandhu Press Complex, Samta Colony, Raipur, Through Its General
Secretary Mr. Vijay Jhanwar, S/o Late Shri Ram Gopal Jhanwar, Aged About
34 Years, R/o E- 101/102, Sector -5, Davendra Nagar, Raipur Chhattisgarh
2. M/s. Agrawal Sponge Pvt. Ltd., Registered Office At 91-92, Siltara Growth
Centre, Phase 2, C S I D C, Siltara, Raipur, Through Its Director Mr. Kailash
Agrawal, S/o Late Satya Narayan Agrawal, Aged About 53 Years, R/o 2/511,
Choubey Colony, Raipur Chhattisgarh
3. M/s Arti Sponge And Power Ltd., Registered Office At Aarti House, Ashoka
Ratan, Vidhan Sabha Marg, Shankar Nagar, Raipur, Through Its Director Dr.
Manish Kumar Mandal, S/o Shri Jagdish Prasad Mandal, Aged About 43
Years, R/o C-203, Golchha Residency, Shankar Nagar, Raipur Chhattisgarh
4. M/s. Bhagwati Power And Steel Ltd., Registered Office At D- 22, Sector 5,
Devendra Nagar, Raipur, Through Its Managing Director Shri Rajkumar
Kejriwal, S/o Late Shri Murlidhar Kejriwal, Aged About 55 Years, R/o Flat No.
6 B, Jaishree Merlin Vihar, Block Mohini, Pandari Taral Road, Raipur
Chhattisgarh
5. M/s. Ghankun Steels Pvt. Ltd., Registered Office At 22 Rabindra Sarani,
First Floor, Room No. F/ 2 E, Kolkata - 700 073 West Bengal, Through Its
Director Shri Bimal Kishore Khetan, S/o Gouri Shankar Khetan, Aged About
50 Years, R/o Dundi Bazaar, Patna City, Patna 800 008 Bihar
6. M/s. Gopal Sponge And Power Pvt. Ltd., Registered Office At Ph. No. 90,
Siltara Industrial Growth Centre, Phase Il, Raipur, Through Its Managing
Director Shri Vijay Anand Jhanwar, S/o Late Shri Ramgopal Jhanwar, Aged
About 34 Years, R/o E- 101/102, Sector 5, Devendra Nagar, Raipur
Chhattisgarh
7. M/s. Hi- Tech Power And Steel Ltd., Registered Office At 199- C, First Floor,
Main Road, Samta Colony, Raipur, Through Its Director Shri Binod Kumar
Agrawal, S/o Shri Jaiprakash Agrawal, Aged About 45 Years, R/o Deoralia
Bhawan, 6/11, Nehru Nagar East, Bhilai, District Durg Chhattisgarh
8. M/s. Rashmi Sponge And Power Industries Ltd., Registered Office At 2/511,
Choubey Colony, Raipur 492 001, Through Its Director Shri Kailash Agrawal,
S/o Late Satya Narayan Agrawal, Aged About 53 Years, R/o 2/ 511,
Choubey Colony, Raipur Chhattisgarh
9. M/s. Shree Hare Krishna Sponge Iron Ltd., Registered Office At 126,
Mahatma Gandhi Road, Kolkata- 700 001 West Bengal, Through Its Director
Shri Manish Parasrampuria, S/o Shri Shyam Sunder Parasrampuria, Aged
About 44 Years, R/o 4, Jalvihar Colony, Raipur Chhattisgarh
10. M/s. Shree Nakoda Ispat Ltd., Registered Office At Near Waltair Railway
Crossing, Mowa, P.O. Shankar Nagar, Raipur - 492 007, Through Its
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Director Shri Anand Dave, S/o Shri A.B. Dave, Aged About 48 Years, R/o
Anand Niketan Colony, Avanti Vihar, Raipur Chhattisgarh
11. M/s. Vandana Global Ltd., Registered Office At Siltara Industrial Growth
Centre, Phase Il, Raipur 493 211, Through Its Executive Director Shri Vijit
Agrawal, S/o Shri Gopal Prasad Agrawal, Aged About 35 Years, R/o 21/ 35,
Civil Lines, Raipur Chhattisgarh
12. M/s. Vaswani Industries Ltd., Registered Office At M I G -4, Indrawati
Colony, Raipur, Through Its Director Shri Ravi Vaswani, S/o Shri Gyanchand
Vaswani, Aged About 53 Years, R/o Vaswani Vatika, V I P Road/ Air Port
Road, Village Amlidih, In Front Of Gaurav Garden, Raipur Chhattisgarh
13. M/s. Drolia Electrosteels Pvt. Ltd., Registered Office At 620, Maker
Chambers, V. Nariman Point, Mumbai- 400 021, Through Its Director Shri
Anand Choudhary, S/o Shri Om Prakash Choudhary, Aged About 44 Years,
R/o 504, Gulmohar, D.M. Vatika, Kachna Road, Khamardih, Raipur
Chhattisgarh
14. M/s. Mahendra Sponge And Power Ltd., Registered Office At Maruti
Business Park, A- Block, Second Floor, Near Raj Kumar College, Raipur -
492 001, Through Its Managing Director Shri Mahendra Agrawal, S/o Shri
Ishwar Prasad Agrawal, Aged About 40 Years, R/o 300, Samta Colony,
Raipur Chhattisgarh
15. M/s. Niros Ispat Pvt. Ltd., Registered Office At 14- A, Heavy Industrial Area,
Hathkhoj, Bhilai - 490 024, Distt. Durg, Through Its Director Shri Anil
Agrawal, S/o Shri Ved Prakash Agrawal, Aged About 47 Years, R/o A- 14,
Wall Fort City, Ring Road No. 1, Bhatagaon, Raipur Chhattisgarh
16. M/s. G.R. Sponge And Power Ltd., Registered Office At Agrawal Complex,
6, Samta Colony, Opp. Pandey Nursing Home, Raipur, Through Its Director
Shri Ramesh Agrawal, S/o Late Shri Ganpatrai Agrawal, Aged About 54
Years, R/o Agrawal Complex, Samta Colony, Raipur Chhattisgarh
17. M/s. Real Ispat And Power Ltd., Registered Office At Urla Bendri Road,
Village Borjhara, Distt. Raipur 493 221, Through Its Company Secretary,
Shri Ravi Mall, S/o Shri Ramesh Kumar Mall, Aged About 34 Years, R/o
Vrindavan, Near I D B I Bank, Civil Lines, Raipur Chhattisgarh
18. M/s. Shivalaya Ispat And Power Pvt. Ltd., Registered Office At Guma Urla
Raod, Village Kara, Distt. Raipur 493 221, Through Its Company Secretary
Shri Ravi Mall, S/o Shri Ramesh Kumar Mall, Aged About 34 Years, R/o
Vrindavan, Near I D B I Bank, Civil Lines, Raipur Chhattisgarh
19. M/s. A P I Ispat And Powertech P Ltd., Registered Office At D- 14, Udyog
Nagar, Main Rohtak Road, New Delhi -110 041, Through Its Director Shri
Prabhav Jindal, S/o Shri Sunil Agrawal, Aged About 29 Years, R/o Near
Industrial Growth Centre, Phase Il, Siltara, Raipur Chhattisgarh
20. M/s. Nutan Ispat And Power Pvt. Ltd., Registered Office At 38, Shaheed
Samarak Complex, Opp. Nav Bharat Press, G.E. Road, Raipur, Through Its
Director Shri Rahul Agrawal, S/o Late Shri S.K. Agrawal, Aged About 40
Years, R/o Qr. No. 5- A- 1-1, Royal Heaven Dungaji Colony, D.D. Nagar
Ward, Raipur Chhattisgarh
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21. M/s. Sunil Sponge Pvt. Ltd., Registered Office At 11, Jal Vihar Colony, Opp.
New Garden, Raipur, Through Its Director Shri Anil Nacharani, S/o Late Shri
Mohanlal Nacharani, Aged About 47 Years, R/o House No. 11, Jal Vihar
Colony, Raipur Chhattisgarh
22. M/s N.R. Spong Pvt. Ltd., Registered Office At Vill. Bahesar, Phase Il,
Industrial Area Siltara, Raipur 493111. Through Its Director Shri Keshav
Kumar Agrawal, S/o Shri Ramesh Kumar Agrawal, Aged About 24 Years,
R/o Agrawal Complex, Samta Colony, Raipur, Chhattisgarh
23. M/s S.K.S. Ispat And Power Ltd., Registered Office At 501- B, Elegant
Business Park, Andheri Kurla Road, J.B. Nagar, Andheri E, Mumbai.
400059, Through Its Company Secretary Shri Anand Salunkhe, S/o Shri
Vitthal Salukhe, Aged About 27 Years, R/o Kabir Chs No. R M No. 5,
Devlapada, Near Broadway Cinema, Tata Power, Borivali East, Mumbai
400066
All The Petitioners Have Authorised Mr. Prashant Laharia, S/o Shri C.L.
Laharia, Aged About 40 Years, R/o B 602, Ashoka Ratan, Shankar Nagar,
Raipur 492007 Chhattisgarh P.S. Mowa To Sign, File And Prosecute The
Instant Petition On Behalf Of Them.
---- Petitioner
Versus
1. Union Of India Through The Secretary, Ministry Of Mines, Shastri Bhawan,
Dr. Rajendra Prasad Road, New Delhi 110001
2. National Mineral Development Corporation Ltd., Through The General
Manager Commercial, 10-3-311/ A, Castle Hills, Masab Tank, Hyderabad,
500028
3. B I O M, Bacheli Complex, N M D C, Through The General Manager, Post
Office Dakshin Bastar, Dantewada 494553 Chhattisgarh
4. B I O M, Kirandul Complex, N M D C, Through The General Manager, Post
Office Kirandul, Dantewada, 494556 Chhattisgarh
The Respondents No.3 And 4 Are The Site Offices Of Respondent No.2 And
Manage The Affairs Of The Mines Situated At Bacheli And Kirandul Respectively.
5. State of Chhattisgarh, through the Secretary, Department of Mines and Mineral Development, Mantralaya, Mahanadi Bhawan, Naya Raipur (CG)
6. The Collector, Collectorate, District Dantewada (CG)
---- Respondent 4 For Petitioners : Shri Sumesh Bajaj, Advocate. For Respondents 2 to 4 : Smt. Astha Shukla on behalf of Shri Vaibhav Shukla Advocate.
Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 31/10/2018 :
1. Learned counsel for the parties would not dispute that the date on which liability to make contribution to the District Mineral Foundation would arise has been set at rest by the Supreme Court in the matter of Federation of Indian Mineral Industries & Ors. Vs. Union of India & Another {Transferred Case (Civil) No.43/2016, decided on 13.10.2017}.
2. In the said matter, the following has been held by the Supreme Court in para-41:-
"We hold, therefore, that the effective date of payment of contribution to the DMF in the case of those petitioners who are (or were) holders of a mining lease or a prospecting licence-cum-mining lease for minerals other than coal, lignite and sand for stowing would be 17th September, 2015."
3. The other issue concerning the date on which liability to pay contribution towards National Mineral Exploration Trust (NMET) has also been set at rest by the decision rendered by the coordinate Bench in WPC No.1504/2016 (Jindal Steel & Power Limited Vs. State of Chhattisgarh & Ors) and other connected matters decided on 24.11.2017 holding that contribution towards NMET is payable w.e.f. 14.8.2015.
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4. In view of the above, the present Writ Petition is allowed holding that liability to contribute towards District Mineral Foundation for minerals other than coal, lignite and sand for stowing would be 17 th September, 2015 and for contribution towards NMET, the relevant date would be 14.8.2015.
5. Needless to say, any recovery prior to the said date stands quashed. It is made clear that this Court has not dealt with the issue concerning challenge to the contribution towards the above funds after the above noted date, for which the petitioner would be at liberty to work out remedy, if they so desire, if it still remains open to challenge.
Sd/-
Judge (Prashant Kumar Mishra) Barve