Gauhati High Court
M/S. A.N.E. Industries Pvt. Ltd vs North Eastern Coalfields And 5 Ors on 12 March, 2021
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GAHC010044072021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/582/2021
M/S. A.N.E. INDUSTRIES PVT. LTD.
(A COMPANY REGD. UNDER THE COMPANIES ACT, 1956) REP. BY ITS
GENERAL MANAGER SRI BALBIR SINGH, HAVING ITS REGD. OFFICE AT
CHANDIGARH ROAD, NAWAN SHAHAR, PUNJUB, PIN- 144514 AND LOCAL
OFFICE AT TIKAK COLLIERY, LEDO, DIST. TINSUKIA, ASSAM, PIN- 786182
VERSUS
NORTH EASTERN COALFIELDS AND 5 ORS.
(A UNIT OF COAL INDIA LTD.) REP. BY ITS GENERAL MANAGER, HAVING
ITS OFFICE AT MARGHERITA, TINSUKIA, ASSAM, PIN- 786181
2:COAL INDIA LTD.
REP. BY ITS CHAIRMAN
HAVING ITS H.O. AT COAL BHAWAN
PREMISE NO-04 MAR
PLOT NO-AF-III
ACTION AREA-1A
NEWTOWN
RAJARHAT
KOLKATA- 700156
WEST BENGAL
3:THE GENERAL MANAGER
NORTH EASTERN COALFIELDS
HAVING ITS OFFICE AT TIKAK COLLIERY
LEDO
ASSAM
PIN- 786182
4:THE AGENT
NORTH EASTERN COALFIELDS
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HAVING ITS OFFICE AT TIKAK COLLIERY
LEDO
ASSAM
PIN- 786182
5:THE UNION OF INDIA
REP BY THE SECY.
MINISTRY OF ENVIRONMENT
FOREST AND CLIMATE CHANGE
GOVT. OF INDIA
INDIRA PARYAVARAN BHAWAN
JORBAGH ROAD
NEW DELHI- 110003
6:THE STATE OF ASSAM
REP. BY THE COMM. AND SECY.
DEPTT. OF ENVIRONMENT AND FOREST
H-BLOCK
2ND FLOOR
JANATA BHAWAN
DISPUR
GHY-06
ASSA
Advocate for the Petitioner : MR. C P SHARMA
Advocate for the Respondent : SC, COAL INDIA
Linked Case : WP(C)/3582/2020
M/S. A.N.E. INDUSTRIES PVT. LTD.
(A COMPANY REGD. UNDER THE COMPANIES ACT
1956) REP. BY ITS GENERAL MANAGER SRI BALBIR SINGH
AGED ABOUT 60 YEARS
HAVING ITS REGD. OFFICE AT CHANDIGARH ROAD
NAWAN SHAHAR
PUNJUB
PIN- 144514 AND LOCAL OFFICE AT TIKAK COLLIERY
LEDO
DIST.- TINSUKIA
ASSAM
PIN- 786182
Page No.# 3/5
VERSUS
NORTH EASTERN COALFIELDS AND 5 ORS.
(A UNIT OF COAL INDIA LTD.) REP. BY ITS GENERAL MANAGER
HAVING ITS OFFICE AT MARGHERITA
TINSUKIA
ASSAM
PIN- 786181
2:COAL INDIA LTD.
REP. BY ITS CHAIRMAN
HAVING ITS H.O. AT COAL BHAWAN
PREMISE NO-04 MAR
PLOT NO-AF-III
ACTION AREA-1A
NEWTOWN
RAJARHAT
KOLKATA- 700156
WEST BENGAL
3:THE GENERAL MANAGER
NORTH EASTERN COALFIELDS
HAVING ITS OFFICE AT TIKAK COLLIERY
LEDO
ASSAM
PIN- 786182
4:THE AGENT
NORTH EASTERN COALFIELDS
HAVING ITS OFFICE AT TIKAK COLLIERY
LEDO
ASSAM
PIN- 786182
5:THE UNION OF INDIA
REP BY THE SECY.
MINISTRY OF ENVIRONMENT
FOREST AND CLIMATE CHANGE
GOVT. OF INDIA
INDIRA PARYAVARAN BHAWAN
JORBAGH ROAD
NEW DELHI- 110003
6:THE STATE OF ASSAM
REP. BY THE COMM. AND SECY.
DEPTT. OF ENVIRONMENT AND FOREST
H-BLOCK
2ND FLOOR
JANATA BHAWAN
DISPUR
GHY-06
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ASSAM
------------
Advocate for : MR. A CHAMUAH
Advocate for : SC
COAL INDIA appearing for NORTH EASTERN COALFIELDS AND 5 ORS.
BEFORE
THE HON'BLE MR. JUSTICE PRASANTA KUMAR DEKA
ORDER
12.03.2021.
Heard Mr. A. Chamuah, the learned counsel for the applicant. Also present Mr. M. Z.
Ahmed, the learned Senior Counsel assisted by Mr. S. K. Sarma, the learned counsel for the
respondent Coal India Ltd.
This is an application filed by the applicant for correction/modification of the order
dated 17.02.2021 passed in W.P.(C)/3582/2020 and the relevant portion of the order which
requires alteration is extracted herein below:-
"3. That in the aforesaid judgment in the last page in the second last Paragraph it is
recorded as follows:-
"In view of the same, and the submission made by the learned counsel for the
petitioner, I propose to close this writ petition which I accordingly do by holding that the
respondent Coal India Ltd shall hand over an appropriate site whenever the same is available
for resumption of the operation of coal mining subject to necessary terms and conditions of the
respondent Coal India that may be impugned".
On complete perusal of the order dated 17.02.2021, I am satisfied that it requires
modification in order to bring out the intent of the court while disposing of the said writ
petition and accordingly, by invoking the jurisdiction under Section 152 of the CPC, the
corrections are accordingly made as follows:-
"In view of the same, and the submission made by the learned counsel for the
petitioner, I propose to close this writ petition which I accordingly do by holding that the
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respondent Coal India Ltd shall hand over any suitable site whenever the same is available for
resumption of the operation of coal mining subject to necessary terms and conditions of the
respondent Coal India that may be imposed".
This order shall be read along with order dated 17.02.2021 passed in W.P.
(C)/3582/2020 by this court.
With the said corrections, this Interlocutory Application stands disposed of.
JUDGE
Comparing Assistant
