- (1.) This writ is by a group of coke manufacturers. Each of them belongs to the small scale industry and possesses the necessary certificate in this behalf. In their respective factories, the writ petitioners have what is stated to be-hive coke oven plants. The coke that they produce is in turn used as raw material in pig iron, steel and other factories, for their production.
(2.) It is not the writ petitioners case that their production has stopped or been interrupted because of any action of the respondents. Their grievance is they have not been considered for allocation of any coal by the respondent company, Coal India Ltd. (hereinafter referred to as the company ), as a result of which they have to import it. Imported coal is far more expensive than the coal supplied by the company. Thereby, the cost of production goes up. It is said that the respondent companies, which are government companies are the monopoly distributors of all the coal that is extracted in India. It has further been said, as will appear from the discussion below, that if the distribution of coal is made more equitably by these respondent companies the petitioner will have a chance of getting coal from them. That is in short, what this writ is about.
(3.) On 18th October 2007, the Ministry of Coal, Government of India, announced a new coal distribution policy. This policy was in supersession of the existing coal distribution policy in respect of the class of consumers covered by it. Certain criteria and principles were sought to be evolved in this new policy for distribution of coal on priorities which were identified and mentioned in it. Para 2 of this policy states that the requirements of the defence sector and the railways would be met in full at notified prices on the date of the policy. After meeting those requirements, coal would be distributed to what is described as Power Utilities including Independent Power Producers ( IPPs)/ Captive power Plants (CPPs) and Fertilizers Sector.;