Coal - Allotment of coal blocks - Cancellation of - Allotment of coal blocks made by Screening Committee of the Government of India and Government Dispensation route
held arbitrary and illegal - Consequences of such
cancellation - Affidavit by Union of India to the effect that coal
is actually mined from 40 coal blocks listed in Annexure I to
the affidavit and 6 coal blocks listed in Annexure II are ready
for extraction - Issue whether the allotment of these coal
blocks to be cancelled or not - Held: Process of allotment
cannot be reopened collaterally through the appointment of
a committee, as it would virtually amount to nullifying the
judgment - All the parties likely to be adversely affected were
given a hearing, thus, principle of natural justice was applied
- The first category of allotments are other than those
mentioned in Annexure 1 and Annexure 2 which are illegal
and arbitrary, the allottees have not yet entered into any mining lease and they have not yet commenced production,
thus, all these allotments are quashed - Second category
being the 46 coal blocks mentioned in Annexure 1 and
Annexure 2, though have commenced production or are on
the verge of commencing production - These allocations are
illegal and arbitrary, thus, are liable to be cancelled -
However, the allotment of coal blocks Moher and Moher
Amroli Extension allocated to Sasan Power Ltd. (UMPP),
Tasia (allotted to Steel Authority of India Ltd. (SAIL), and Pakri
Barwadih coal block (allotted to National Thermal Power Corporation (NTPC), not liable to be cancelled - The
cancellation would take effect from 31st March, 2015 - Period
of six months is being given since the Central Government
and GIL would need some time to adjust to the changed
situation and move forward as also adequate time is given
to the coal block allottees to adjust and manage their affairs
- Allottees of the coal blocks other than those covered by the
judgment and the four coal blocks covered by this order to
pay an amount of Rs.295/- per metric ton of coal extracted
as an additional levy within the stipulated period - Coal
extracted hereafter till 31 st March, 2015 would also attract the
additional levy of Rs.295/- per metric ton - Scrutiny by CBI
in respect of allotment of 12 coal blocks out of 46 would
continue.