Acc Limited v. State Of Chhattisgarh And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Appeal No. 340 of 2014 ACC Limited, a Limited Company registered under the Companies Act, 1913, having its Registered Office at Cement House, 121, Maharshi Karve Road, Mumbai 400020 and its manufacturing Unit at Jamul Cement Works, JAMUL, District Durg (Chhattisgarh) through its Director (Plant) Gopika P. Tiwari. ---- Appellant

Versus

1.

State of Chhattisgarh, through the Secretary, Water Resources Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, Chhattisgarh. 2.

District Collector, District Durg, Chhattisgarh. 3.

The Executive Engineer, Tandula Water Resources Division, Durg, Chhattisgarh. 4.

General Manager, District Industries and Trade Centre, Durg, Chhattisgarh. ---- Respondents For Appellant :

Shri Ashish Shrivastava, Advocate.

For Respondents/State :

Shri J.K.Gilda, Advocate General with Shri UNS Deo, Government Advocate.

Hon'ble Shri Navin Sinha, Chief Justice Hon'ble Shri P. Sam Koshy, J.

Order on Board Per Navin Sinha, Chief Justice 07/07/2015 1.

IA No. 1 of 2014 has been filed to condone delay of 17 days in filing the appeal.

2.

Having heard the parties and considering the duration, delay is condoned.

3.

The present appeal arises from order dated 17.7.2014 disposing Writ Petition (C) No. 519 of 2013 declining to interfere with the impugned orders but providing an opportunity for post-decisional hearing by permitting the Appellant to file proper representation before the authorities. 4.

It is not in dispute between Counsel for the parties that in compliance of the order under appeal, representation has been filed and fresh orders passed.

5.

In the circumstances, we are of the considered opinion that in the limited nature of the order dated 17.7.2014, if the Appellant is aggrieved by the fresh order passed by the authorities in compliance of the same, the appropriate remedy for them lies in challenging it afresh in a duly constituted writ application.

6.

The appeal stands disposed with the aforesaid observation. Sd/- Sd/- (Navin Sinha) (P. Sam Koshy) CHIEF JUSTICE JUDGE Amit