Coal news and updates

SC rejects Centre’s plea for transfer of 5 Coal Ordinance cases

In a setback to the Centre, the Supreme Court on Tuesday rejected five of its petitions to get five cases pending before various high courts against the Coal Ordinance, transferred to the apex court. The apex court also rejected the Centre’s SLP challenging the Madhya Pradesh HC’s order that allowed BLA power to participate in the auction process of Gotitioria East and Gotitoria West Coal Mines and restrained the Centre from taking any final decision till the next date of hearing on February 12.

Of the five petitions, two petitions each have been filed by Jindal Steel & Power and BLA Power in the Delhi High Court and Madhya Pradesh High Court, respectively, while a petition by Sova Ispat is pending before the Calcutta High Court. The companies have challenged the provisions of the Coal Ordinance and the standard tender document in three HCs on the ground that they are “arbitrary and unconstitutional”.

A bench led by Chief Justice H L Dattu said high courts should first decide on the issues and that they are in know of the matter.

It said it was open for all the parties to challenge the provisions of the ordinance and if they opt to do so, high courts could adjudicate. The bench told the Attorney General Mukul Rohtagi that the government should defend its ordinance in high courts.

Rohtagi argued “the cases involve the same questions of law and are substantial questions of general importance in as much as challenged the constitutional validity of the provisions of Ordinance, Rules and Tender document by means of various Writ Petitions before different HCs.” Different orders being passed by HCs would lead to a complex situation crippling the auction process which has to be completed before March 31 as per the SC’s directions, he added.

Source: The Financial Express