R.K. Merathia, J. - (1.) AS prayed, Petitioner is permitted to make necessary correction in paragraph 1 and prayer portion.
(2.) IN this writ petition, Petitioner has challenged the fixation of price of slurry under price notifications dated 14.01.2008 (Annexure 5/1) and 6.11.2009 (Annexure 5/3). Mr. Poddar, learned senior counsel appearing for the Petitioner referring to Clause 2.3 of the office memorandum issued by Ministry of Coal, Government of India dated 18.10.2007 (Annexure 2) submitted that the Respondent -Central Coal Fields Ltd. ('C.C.L.' for short) could fix price of coal only as per the price notified by the Coal India Limited ('C.I.L.' in short). He further submitted that 'slurry' has been held to be 'coal' in : (1990) 4 SCC 557 Bharat Coking Coal Ltd. v. State of Bihar and Ors. and therefore C.C.L. could not fix the price of slurry. He further submitted that the transportation cost has been included in the consolidated price. Relying on the judgment reported in : (2007) 2 SCC 640 in the case of Ashoka Smokeless Coal India (P) Ltd. and Ors. v. Union of India and Ors. he submitted that C.C.L. is enjoying monopoly and the Petitioner having Fuel Supply Agreement ('F.S.A.' for short) with it, is compelled to pay the price fixed by it.
(3.) I am unable to accept such contentions. The portion of the said Clause 2.3 relied on behalf of the Petitioner is to be read with Clause 9.1 of the Fuel Supply Agreement (F.S.A.) entered into between the Petitioner and the C.C.L. which reads as follows 2.3 Other consumers 75% of the quantity as per the normative requirement of the consumers/actual users would be considered for supply of coal through FSA by CIL at notified prices to be fixed and declared by CIL.... 9.1 The price of Coal delivered hereunder shall be the sum of the Base Price, sizing charges, transportation charges up to the Delivery Point, rapid loading charges, statutory charges, levies and other charges, as applicable ("As Delivered Price of Coal"). The components of the As Delivered Price of Coal shall be determined on the basis of the rates/criteria duly notified by CIL/Seller/statutory authority from time to time.;