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

Citation: [2010] 4 S.C.R. 325 · Decided: 31-03-2010 · Supreme Court of India · Bench: K.G. BALAKRISHNAN · Disposal: Case Partly allowed
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Judgment (excerpt)

[2010] 4 S.C.R. 325 
M/S MARUTI CLEAN COAL & POWERS LTD. 
A 
v. 
ALOK NIGAM & ANR. 
(Interlocutory Application No. 3 of 2009 
(In SLP(C) No. 20238 of 2006) 
MARCH 31, 2010 
[K.G. BALAKRISHNAN, CJI., J.M. PANCHAL AND DR. 
B.S. CHAUHAN, JJ.] 
Interim Orders: 
B 
c 
Interlocutory application - For issuance of interim 
directions to South Eastern Coal Field Ltd. (SECL) to start· 
supply o'f coal and issue Transit Passes/Delivery Orders 
through washery of petitioner on behalf of linked and other 0 
customers based on instructions/requests from them -
Allowed - It is clarified that grant of this interim relief will be 
subject of the result of the title suit pending in the High Court 
- It is also clarified that if the issue of title is decided in favour 
of SECL, it would be open to the said company to lease the 
land to the petitioner or to take other steps in accordance with 
E 
law - Coal - Coal washery. 
F 
A lease deed dated 5.12.2002 for a period of 99 years 
was executed in favour of the petitioner-Company by the 
State Government through the State Industrial 
Development Corporation, with regard to certain lands to 
enable the petitioner to set up a coal washery thereon. 
Subsequently, Mis. South Eastern Coal Field Ltd. (SECL) 
claiming title to the said land, filed a suit. A writ petition 
was also filed before the High Court to prevent the 
petitioner from setting up the coal washery on the ground 
G 
that the land allotted was the forest land. The High Court 
passed an interim order in the writ petition allowing the 
petitioner to continue the construction of the building but 
restraining it from installing the machineries. In the 
325 
H· 
326 
SUPREME COURT REPORTS 
[2010] 4 S.C.R. 
A petition for special leave to appeal filed by the petitioner 
before the Supreme Court, interim order staying the 
construction was vacated. Since the petitioner had 
installed the machineries and the coal washery was set 
up but as supply of coal was not started, the petitioner 
B filed the instant application seeking a direction to the 
SECL to start supply of coal and issue Transit Passes/ 
Delivery Orders through the washery of the petitioner. 
Partly allowing the application, the Court 
C 
HELD: 1. The building constructed and the 
machineries installed have remained unused since long 
causing great financial loss to the petitioner-company. It 
is relevant to notice that as on date, there is no order 
subsisting, which restrains the petitioner from operating 
D the washery in question. The assertion made by the 
petitioner that it has received all necessary approvals for 
running the washery including the approval from the 
Ministry of Environment, Electricity Department, 
Commercial Tax Department, licence under the Factories 
E Act etc. is not disputed by any of the respondents. [Para 
8) [333-8-C] 
2. M/s SECL is hereby directed to start supply of coal 
and issue Transit Passes/Delivery Orders through the 
washery of the petitioner on behalf of linked and other 
F customers based on instructions/requests from them. It 
is clarified that the grant of this interim relief will be 
subject to the result of Civil Suit No. 1-A of 2008 pending 
in the High Court. It is also clarified that if the issue of title 
is held in favour of M/s SECL, it would be open to the said 
G company to lease the land to the petitioner-company or 
to take other steps with reference to the said land in 
accordance with law. [Para 9) [333-E, F] 
H 
T.N. Godavarman Thirumulpad vs. Union of India & Ors. 
(2006) 5 sec 28, cited. 
MARUTI CLEAN COAL & POWERS LTD. v. ALOK 
327 
NIGAM & ANR. 
Case Law Reference: 
(2006) s sec 2s 
cited 
para 2 
CIVIL APPELLATE JURISDICTION 
Interlocutory 
Application No. · 3 of 2009. 
IN 
SLP (Civil) No.20238 of 2006. 
From the Judgment & Order dated 9.5.2003 of the High 
Court of Chhattisgarh at Bilaspur in WP (C) No. 1264 of 2003. 
A 
B 
Mukul Rohtagi, Ranjit Kumar, Vikas Singh, Ajit Kumar C 
Sinha, Saurav Kirpal, Ayush Agarwal, (for Suresh A Shroff & 
Co.), Anurag Sharma, Sanjeev K.Bhardwaj, (for R.C. Kaushik), 
Ambhoj Kumar Sinha, Ashwarya Sinha, Swetabh Sinha for the 
appearing parties. 
The Judgment of the Court was delivered by 
D 
J.M. PANCHAL, J. 1. By filing this Interlocutory Application, 
M/s. Maruti Clean Coal & Power Limited which has established 
a coal washery of 10 M.T.Y. capacity on Khasra Nos.850/30, 
850/24, 850/31, 850/28, 850/27 and 850/32 of Village Ratija, 
District Korba leased by the State of Chh
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