D.G.R. Patnaik, J. - (1.) HEARD Mr. Ajit Kumar, learned Counsel for the petitioner and Mr. Anoop Kr. Mehta, learned Counsel for the Respondents.
(2.) WITH the consent of the parties, this writ application is disposed of at the stage of admission. The petitioner being a private Special Smokeless Fuel (S.S.F.) Unit, has prayed for a direction upon the Respondents to release full quota of 5000 M.T. per month of Coal as originally promised by the Respondents, for enabling smooth functioning of the petitioner's unit. Prayer has also been made for directing the Respondents to restore the original fixed quantity of 5000 M.T./ -per month and secondly for the purposes of computing the maximum permissible quantity (MPQ) to take and calculate the period of 5 years of valid booking from November, 2006, in accordance with the judgment of the Supreme Court in S.L.P. (C) No. 20471 of 2005.
(3.) THE case of the petitioner in brief is that consequent upon a decision taken by the Coal Ministry, Government of India to make available coal to the private entrepreneurs for the production of Special Smokeless Fuel (SSF) on the basis of the technology developed by the Central Mine Planning and Design Institute Ltd. (C.M.P.D.I.L.), an Advertisement was issued inviting persons interested in establishment of Special Smokeless Fuel for the purposes of manufacturing of Special Smokeless Fuel. The petitioner had offered its interest and had submitted its Project Report. On being satisfied with the Project of the petitioner's proposed SSF plant, the Respondents -Coal India Ltd. granted coal linkage vide letter dated -20.10.1987 to the petitioner's unit on temporary basis. After the petitioner's plant was finally completed, the same was inspected by the Joint Inspecting Team of the C.M.P.D.I.L. and on the recommendations of the Team, a Registration Certificate was granted by the Directorate of Industries of the then Govt. of Bihar to the petitioner's unit on 15.05.1991. Upon the recommendations being accepted, the Respondents had approved and fixed the quantity of coal linkage to the petitioner's unit at 5000 M.T. per month. On the basis of the supply of the linkage quantity of coal, the petitioner's unit started functioning. In course of time, though for the initial period, the Respondents had maintained the regular supply of the promised quantity of coal every moth, but later, the supply began to be reduced not only to the petitioner's unit but also to the other units similarly situated. The Association of the SSF Manufacturers units, thereupon filed a writ application before this Court vide C.W.J.C. No. 2750 of 1997 (R) and vide order dated -28.11.1997, this Court had directed the Coal Company to issue release order and dispatch the fixed/promised quantity of monthly quota of coal in favour of the SSF Manufacturers Units. The order of the Single Judge was upheld by the Division Bench and also by the Supreme Court in Civil Appeal No. 6317 of 1998.;