M/S MARUTI CLEAN COAL & POWERS LTD. versus ALOK NIGAM & ANR.

M/S MARUTI CLEAN COAL & POWERS LTD. versus ALOK NIGAM & ANR.

The petitioner is allowed to operate the coal washery and SECL must start supply of coal and issue Transit Passes/Delivery Orders through the petitioner's washery, as there is no subsisting restraining order and the petitioner has all necessary approvals; this interim relief is subject to the outcome of the title suit pending before the High Court.

Parties
Petitioner: M/S Maruti Clean Coal & Powers Ltd.; Respondent: Alok Nigam; Respondent: South Eastern Coal Field Ltd. (SECL)
Jurisdiction
India
Judgment Date
31 March 2010
Procedural Posture
Interlocutory Application in SLP (civil) / Interim Order on IA No. 3 of 2009 in SLP (c) No. 20238 of 2006
Outcome
Application partly allowed
Legal Topics
Coal Washery, Land Lease, Interim Relief
Property Law Environmental Law Administrative Law Coal Washery Land Lease Interim Relief

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Parties

M/S Maruti Clean Coal & Powers Ltd.

Petitioner

Alok Nigam

Respondent

South Eastern Coal Field Ltd. (SECL)

Respondent

Procedural Posture

Interlocutory Application in SLP (civil) / Interim Order on IA No. 3 of 2009 in SLP (c) No. 20238 of 2006

Legal Issues

  1. 1 Whether SECL can be directed to supply coal and issue Transit Passes/Delivery Orders through petitioner's washery pending adjudication of title to the land
  2. 2 Whether operation of the coal washery should be permitted as interim relief despite pending disputes on land ownership

Ratio Decidendi

The petitioner is allowed to operate the coal washery and SECL must start supply of coal and issue Transit Passes/Delivery Orders through the petitioner's washery, as there is no subsisting restraining order and the petitioner has all necessary approvals; this interim relief is subject to the outcome of the title suit pending before the High Court.

Court Disposition

Application partly allowed

Orders

  • SECL is directed to start supply of coal and issue Transit Passes/Delivery Orders through the petitioner's washery on behalf of linked and other customers based on instructions/requests from them.
  • Interim relief is subject to the result of Civil Suit No.1-A of 2008 before the High Court of Chhattisgarh at Bilaspur.