Gauhati High Court
Pankaj Coal Enterprise And 25 Ors vs The Union Of India And 4 Ors on 8 May, 2019
Author: Ujjal Bhuyan
Bench: Ujjal Bhuyan
Page No.# 1/8
GAHC010013282017
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 980/2017
1:PANKAJ COAL ENTERPRISE and 25 ORS.
A PARTNERSHIP FIRM HAVING ITS OFFICE AT MARGHERITA, P.O.
MARGHERITA, PIN-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 CH. 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 PROP. USHA DEVI CHOUDHARY
D/O LT. MANGAL CHAND AGARWAL
AND HAVING ITS OFFICE AT TINSUKIA
P.O. TINSUKIA- 786184
DIST- TINSUKIA
ASSAM
5: MAHADEVI COAL ENTERPRISE
A PROPRIETORAL FIRM
Page No.# 2/8
REP. BY ITS PROPRIETOR SRI VINOD KUMAR GOURH
S/O LT. RAM BRIKSH GOURH
AND HAVING ITS OFFICE AT P.O. MARGHERITA
DIST- TINSUKIA
ASSAM
6: ROYAL COKE COAL
A PROPRIETORAL FIRM
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
7: M/S S.R. ASSOCIATES
A PROPRIETORAL FIRM
REP. BY ITS PROPRIETOR ZAKIRUDDIN AHMED
S/O MUHIBUDDIN AHMED
AND HAVING ITS OFFICE AT MARGHERITA
P.O. MARGHERITA
DIST- TINSUKIA
ASSAM
8: R.S. G 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
9: JAIN COAL TRADERS
A PROPRIETORAL FIRM
REP. BY AUTHORIZED SIGNATORY SRI NAVEEN KUMAR MITTAL
AND HAVING ITS OFFICE AT H/N 136/138 SECTOR BD NEAR SHIV MANDIR
SWASS NAGAR
MANDI
GOVINGARH
PUNJAB
10: AJAY TRADING CO.
A PARTNERSHIP FIRM
REP. BY AUTHORIZED SIGNATORY SRI NAVEEN KUMAR MITTAL
AND HAVING ITS OFFICE AT 24 HEMANT BOSE SARINI KOLKATA
BRANCH SAMBHAL MORADABAD, U.P.
Page No.# 3/8
11: M/S MAA KAMAKHYA COKE INDUSTRIES
A PARTNERSHIP FIRM
HAVING ONE OF ITS OFFICE AT IIT COLLEGE ROAD
AMINGAON
GUWAHATI AND IS REPRESENTED BY ONE OF ITS PARTNER SRI VIPIN
SINGHAL
12: PATKAI COAL PRODUCTS PVT. LTD.
A COMPANY REGD. 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
13: M.D. HASIJA PVT. LTD.
REP. BY ONE OF ITS DIRECTOR SRI DAVINDER KUMAR HASIJA
R/O FLAT NO.-4
MEGHA RESIDENCY
BELTOLA TINIALI
KAMRUP METRO
GUWAHATI
OFFICE ALSO AT SAFIABADI GATE
PATIALA
PUNJAB
14: BEHL COAL FUEL PVT. LTD.
A COMPANY REGD. UNDER THE COMPANIES ACT
1956 AND HAVING ITS REGD. OFFICE AT TULSI NAGAR
HOSHIARPUR
PUNJAB AND IS REP. BY ITS AUTHORIZED REP. SRI NARESH KUMAR
15: BENGAL TEA and FABRICS LTD.
A COMPANY REGD. UNDER THE COMPANIES ACT
1956
HAVING ITS REGD. OFFICE AT 45 SHAKESPEARE SARANI
CENTURY TOWERS
KOLKATA
W.B. AND IS REP. BY ITS AUTHORIZED SIGNATORY
SRI ANIL KUMAR KHAITAN
16: M.K. SHAH EXPORTS LTD.
A COMPANY REGD. UNDER THE COMPANIES ACT
1956
HAVING ITS REGD. OFFICE AT M.K. HOUSE
2/2 JUSTICE DWARKANATH ROAD
KOLKATA AND IS REP. BY ITS AUTHORIZED SIGNATORY
Page No.# 4/8
SRI SANJIT CHALIHA
17: MAHALAXMI MINING PVT. LTD.
A COMPANY HAVING ITS REGD. OFFICE AT N.H. 37
BELTOLA
GUWAHATI AND IS REP. BY ONE OF ITS DIRECTOR SRI VIPIN SINGHAL
18: MAHALAXMI CONTINENTAL LTD.
A COMPANY HAVING ITS REGD. OFFICE AT N.H. 37
BELTOLA
GUWAHATI
AND IS REP. BY ONE OF ITS DIRECTOR SRI NAVEEN KUMAR GUPTA
19: KALYANI INDIA PVT. LTD.
A COMPANY REGD. UNDER THE COMPANIES ACT
1956 AND HAVING ITS REGD. OFFICE AT RAILWAY MALL GODOWN ROAD
P.O. MANDI GOBINDGARH
FATEGARH SAHIB
PUNJAB AND IS REP. BY ITS AUTHORIZED REPRESENTATIVE
SRI RAMESH KUMAR GUPTA
20: JEEWANI FUELS PVT. LTD.
A COMPANY REGD. UNDER THE COMPANIES ACT
1956 AND HAVING ITS REGD. OFFICE AT HO 105
MUGHAL PURA
FAIZABAD
U.P.224001 AND IS REP. BY ITS AUTHORIZED REP.
SRI VIJAY KUMAR MISHRA
21: R.S. FUEL PVT. LTD.
A COMPANY REGD. UNDER THE COMPANIES ACT
1956 AND HAVING ITS REGD. OFFICE AT BAJAJI ROAD
DEORIA
UTTAR PRADESH AND IS REP. BY ITS AUTHORIZED REPRESENTATIVE SRI
VIJAY KUMAR MISHRA
22: PRIDE COKE PVT. LTD.
A COMPANY REGD. UNDER THE COMPANIES ACT
1956 AND HAVING ITS REGD. OFFICE AT VILL. AMBER 12TH MILE
JORABAT
KAMRUP METRO
ASSAM
AND IS REP. BY ONE ITS DIRECTOR SRI VIPIN SINGHAL
23: JAGDAMBA COAL CO.
A COMPANY REGD. UNDER THE COMPANIES ACT
1956 AND HAVING ITS REGD. OFFICE AT OPP. DIMPLE CINEMA
JAGADHRI
Page No.# 5/8
YAMUNAGAR AND IS REP. BY AUTHORIZED SIGNATORY SRI SHIV
KUMAR SINGH
24: RAMA VINIMAY COAL PVT. LTD.
A COMPANY REGD. UNDER THE COMPANIES ACT. 1956 AND HAVING ITS
REGD. OFFICE AT BO ARTI DHARAM KANTA MANI PARVAT ROAD
AYODHYA
FAIZABAD
UTTAR PRADESH-224001
AND IS REP. BY AUTHORIZED SIGNATORY SRI VIJAY KUMAR MISHRA
25: JAI BALAJI URJA PRODUCTS PVT. LTD.
A COMPANY REGD. UNDER THE COMPANIES ACT
1956 AND HAVING ITS REGD. OFFICE AT 133/125 TRANSPORT NAGAR
KANPUR
UTTAR PRADESH AND IS REP. BY AUTHORIZED SIGNATORY SRI SHIV
KUMAR SINGH
26: MAHALAXMI INDIA PVT. LTD.
A COMPANY HAVING ITS REGD. OFFICE AT GALI NO.13
N/H-37
BASISTHA CHARIALI
BELTOLA
GHY-29
AND IS REP. BY ONE OF ITS DIRECTOR SRI SRI NAVEEN KUMAR GUPT
VERSUS
1:THE UNION OF INDIA and 4 ORS.
REP. BY THE MINISTRY OF COAL, SHASTRI BHAWAN, NEW DELHI-1
2:COAL INDIA LTD.
NETAJI SUBHASH ROAD
KOLKATA
THROUGH ITS CHAIRMAN
PIN-700001
3:THE NORTH EASTERN COALFIELDS LTD.
THROUGH ITS CHAIRMAN CUM MANAGING DIRECTOR
NORTH EASTERN COALFIELDS LTD.
CHRISTIAN BASTI
G.S. ROAD
GUWAHATI
DIST- KAMRUP METRO
ASSAM
PIN-781006
Page No.# 6/8
4:THE GENERAL MANAGER SandM
NORTH EASTERN COALFIELDS LTD.
TINSUKIA
ASSAM
PIN-786181
5:THE GENERAL MANAGER FINANCE
NORTH EASTERN COALFIELDS LTD.
TINSUKIA
ASSAM
PIN-78618
Advocate for the Petitioner : MR.A J HAZARIKA
Advocate for the Respondent : MRS.A DASS
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 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 Page No.# 7/8 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 the contribution against future contributions, without the benefit of any interest."
Page No.# 8/8 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