M.Y.EQBAL, J. - (1.) HEARD Mr. R. Krishna, learned counsel for the petitioners and Mr. M.M. Banerjee, learned counsel for the respondents on the interlocutory application No. 2020/2002 filed by one of the petitioners, namely. Special Smokeless Fuel Manufacturers for modification of the judgment and order dated 28.11.97 and allowing the petitioner to lift coal from the selected Dhori colliery, Dhori area.
(2.) PETITIONERS case is that it has linkage of 5000 MT of coal per month but the respondents are supplying coal to the petitioner from the collieries where the coal is not of good quality having more than 50% wastage and the transportation cost is also very high. It is contended that the respondents are supplying coal to some of the SSF plant from their chosen collieries but in the case of the petitioner they are discriminating. According to the petitioner earlier the respondents were ready to release coal from the selected Dhori collieries and for that the petitioner -unit set up infrastructures for supply of coal from selected Dhori collieries but when the petitioner requested the authorities to release coal from the selected Dhori collieries, the respondents are not taking steps inspite of representation submitted by the petitioner on 24.10.2002. It is contended that the petitioner has spent huge amount for building up its Infra -structures to lift coal from the petitioner but now the respondents are showing their reluctance upon the request of the petitioner. The respondents, in their reply to the interlocutory application, have stated that the coal shall be supplied to the petitioner from a nearby colliery as far as possible subject to availability. It is stated that the petitioner - unit is to be supplied the full linked quality of coal at the rate of 5000 M.T. per month without administering the maximum permissible quantity as per the guidelines of Coal India Limited. The quantity of coal available at Sel. Dhori will need atleast 85000 MT per month to distribute amongst the similarly placed customers. So the coal is distributed among all soft coke manufacturing units rationally after considering the sourcewise availability.
(3.) THE writ petition was filed by the petitioners seeking issuance of a writ of mandamus directing the respondents to release full quota of coal as promised by them for the establishment of special smokeless fuel plant sponsored by Central Mine Planning and Designing Institute. The writ petition was disposed of by this Court in terms of the judgment dated 28.11.97 by issuing the following directions : "(i) The respondents shall henceforth issue release order and dispatch the fixed quantity (5000MT) of monthly quota of coal i.e. graded washery III/IV or equal grade of coal within 45 days from the date of deposit of value of coal and before the deposit of the amount for the subsequent month. (ii) Coal shall be released and dispatched by the respondents to the petitioners from the collieries mentioned in Annexure 14, other than Pare) East and Keribanda, so that the petitioners may not be put to extra burden of service charges and transportation charges. In case of difficulty the respondents may allot coal from any of the collieries mentioned in paragraph 6 of the reply to the counter affidavit before selling the same in open market. The petitioners shall get preference in the delivery of goal from such collieries and the respondents shall prefer to release the coal from the collieries which are nearer to the petitioners -establishment. (iii) Since the petitioners have been depositing the price of coal every month after getting finance from bank the respondents shall release and/or dispatch coal within the agreed period of 45 days, failing which the amount lying with the respondents shall carry interest at the same rate which the petitioners pay to the concerned bank.";