m BENEH SAN” r @é IN THE HIGH COURT OF JUDICATURE AT BILASPUR: CHHA1TISGARH W.P.NO. 37 O$ /2005 PEI'ITIONER 4'1. Satya Power and Ispat Pvt. Ltd. a company registered under Companies Act, 1956, Through its Director, registered office situated at Chinar Complex, Link Road, Bilaspur, Chhattisgarh and the Unit is located at Gatauri, Ratanpur Road, Distt. Bilaspur(CG). - Versus - Union of India, Ministry of Steel, Udyog Bhawan, New Delhi. Coal India Limited, // Through: Secretary, Ministry of Coal, Shastri Bhawan, New Delhi South Eastern Coal Fields Ltd. Through C.M.D., Seepat Road, SECL‘, Bilaspur. / WRIT PETITION UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF AN APPROPRIATE WRIT ORDER DIRECTIONS, ETC. m a regarding Coal Linkage petitioner at Chhattisgarh The case of the pe‘ company registered unde: named 8s styled as ‘Saty company has set up a z ~n1a11ufacturing plant 0g Gatauri, District- Bilaspui Steel is having right ti distribution of coal toste petitioner has been estjmé iron per annum and continuously without bre' i requirement of coal e timated for running the plant continuously is approxim tely 1.4 million tones per annum. / Shri Kishore Shrivastava, ‘ Scnior Advocate with Shri Ashish Shrivastava, Advocate and Shri Pram ‘Francis, Advocate for the Petitioner. Shri R. Pradhan, counsel for the Respondent No. 1. Heard. Earned éoilnsel f0 Respondent No‘ 1 may be dated 26.10.2004 ( Annexure Pf2) made by the petitioner for Sponge Iron Plant of the ts that the directed to decide the applicatioxl r the petitioner S1133” r‘ itioner is that the petitioner is a T the Companies Act, 1956 andis a Power and Ispat Pvt. Ltd.’. The x 100 TPD'Modein Sponge Iron a'land about 25 acres at Gram ‘. The Respondent N0. 1 Ministly of ‘ ) determine the requirement of 31 plant. The plant capacity of the Lted as 66000 metric ton of sponge :o work . the sponge iron plant , the basic raw material such as roi'i ore, dolomite and n n—cboking coal are required. The / ‘i XI-HC—22 wéwan 7 WW WWWTW WWifgQhf‘agR $Ri‘£ai%a $Wm 12.8.2005 XI-HC—22 am mm WWW mmmwl%a . _ 1 _ ‘ WW§mhRRH . %Wm . ”TY, The petitioner has located the procurement of coal £rom coal mines of South Eastern Coaliields ‘Ltd. Of Gevra, Korba, Kusmunda area. For tliat purpose the petih'oner is required to obtain a regular coal lmkelge for which the petitioner has approached the Ministry of Steel, which 1n turn’ will determine the requirement of coal with the help olfithe, prescribed nor-me of pro‘iuctioiy and the shapely would be made by the coal compwnes/ Responelent No.3 on the basis of the linkage establishedc by the competent Linkage Committee. The coal excavated by the companies is E‘st supplied to priority consumers such as core sector industry and thereafter the surpl'ls coal is put to auction to other consumers. According to the policy of the Govtof India, the petitioner is also covered as core sector industry and under the policy, the consumers desirous of a regular coal linkage for’supply of coal are required to route their application through the concerned Minisuy (to the Chairman. For establishing a' steel plant, the application has to be routed through the Ministly of Steel. A committee in the nomenclature as Standing Linkage Committee decides the application for linkage. In order to meet its requirement of continuous, uninterrupted and regular supply of coal the l‘pe’titi011er moved an application to the Ministry of Steel for regular coal linkage br the ‘sponge iron plant at Chhattisgarh vide application dated 26.10.2004, a copy of /J. XI-HC—22 3n§m$r WW WWW >mW1w€f%‘m°rd%1wt 3;az%man%m 2. Thersafter the R€spondent~No.1 the same is Annexure P/ vide letter dated 28.12.2004 acknowledged the application asking to furnish further details. Further details were funlished on 29. 12. 2004 by the petitioner, and fespondents have acknoWledged the saine, but the said application is still pending consideration a3 the respondent No.1. L submits that the Respom the application of I th consideration before the counsel for the Respondent No. 1 has no objection. Having heard learned counsel for the parties and having regard to the facts ReSpondent No.1 is dire 26.10.2004 (Annexure lP/Q) ‘in the next meeting of the tee, in accordance with law. ction this petiu‘on stands disposed Standing Linkage Commi‘ With the above dire of finally. Certined copy, as pt 3r Rules. d the same is not being decided by z J eaxned counsel fon'iithe petitioner lent No. 1 may be directed to decide X ‘ e petitioner which is pending Respondent No. 1, to which learned and circumstances of the case the cted to decide the application dt. Sd/- L.C.BHADOO Judge (@W)