Prakash Industries Ltd v. Union Of India & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 7912/2019 PRAKASH INDUSTRIES LTD ..... Petitioner Through Mr Jayant Mehta, Mr Netesh Jain, Advocates.

versus UNION OF INDIA & ORS ..... Respondents Through Ms Maninder Acharya, ASG, Ms Monika Arora, CGSC with Mr Kushal Kumar, Mr Viplav Acharya, Mr Harshul, Mr Praveen Singh, Advocates with Mr N.K. Singh, Deputy Secretary, Mr Sambhar, M.. Legal, for UOI.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 23.07.2019 CM APPL. 32788/2019 1.

Allowed, subject to all just exceptions.

2.

The application is disposed of.

W.P.(C) 7912/2019 & CM APPL. 32787/2019 3.

The petitioner has filed the present petition, inter alia, praying that directions be issued to the respondent to determine the just and fair compensation of land and mine infrastructure to be paid to the petitioner in terms of the Coal Mines (Special Provision) Act, 2015. 4.

The petitioner was allocated the Chotia Coal Block for its sponge iron

plant. Subsequently, a Mining Lease was also executed in favour of the petitioner on 20.04.2006.

5.

It is stated that by virtue of the decision of the Supreme Court in Manohar Lal Sharma v. Principal Secretary & Ors: 2014 (9) SCC 516, read with the decision in the Manohar Lal Sharma v Principal Secretary & Ors. : 2014 (9) SCC 614, all coal blocks allotted to various allottees were cancelled. The petitioner claims that it is entitled to compensation for the land and the infrastructure developed by it. It is the petitioner's grievance that despite pursuing the same with the respondents, the respondents have neither determined the fair compensation nor have taken any steps to disburse the same.

6.

The learned ASG appearing on behalf of the respondents states that the compensation had been determined but is required to be re-determined. She states that the same would be done and the compensation so determined would be in accordance with law and having regard to the decision of the Division Bench of this Court in GVK Power (Goindwal Sahib) Ltd &Anr. v. Union of India & Anr.: W.P. (C) No. 973/2015 rendered on 09.03.2017, and will be disbursed within a period of three months 7.

In view of the above, no further orders are required to be passed in this petition. The same is, accordingly, disposed of. The pending application is also disposed of.

VIBHU BAKHRU, J JULY 23, 2019 pkv