Debangsu Basak, J. - (1.) The petitioners assail the imposition of amounts toward contribution of District Mineral Foundation (hereinafter referred to as "the DMF") by the coal company.
(2.) Learned Advocate appearing for the petitioners submits that, the Hon'ble Supreme Court in Transferred Case (Civil) No. 43 of 2016 (Federation of Indian Mineral Industries and Ors. v. Union of India and Anr. ) has held that, contribution to DMF are required to be made by the holder of a mining lease of a prospecting licence-cum-mining lease in the case of coal, lignite and sand for stowing with effect from September 17, 2015 and in case of coal, lignite and sand for stowing with effect from October 20, 2015. The petitioners do not fall within such category. The petitioners are purchaser in an E-auction. The terms and conditions of the E-auction do not permit the coal companies to pass off imposition of such claim on the petitioners' company. Moreover, the impositions sought to be made by the coal companies, if allowed, assuming though not admitting that the coal companies are empowered to do so, would tantamount to giving retrospective effect. Retrospectivity is not permissible. He, therefore, seeks an order of stay on the demands made by the coal companies.
(3.) Learned senior Advocate appearing for the respondent no. 1 submits that, the writ petition is not maintainable. The petitioners have an alternative remedy available to themselves. Moreover, Federation of Indian Mineral Industries and Ors. (supra) cannot be read in the manner as sought to be done by the petitioners. In the event, should the Court be minded to pass any interim order adequate protections may be put in place so as to safeguard the interests of the coal companies.;