Vardhman Textiles Limited, Regd. & Corporate Office, Chandigarh Road, Ludhiana (Punjab) 141 010, Through Mr. Surendra Kumar Chopade, Senior Manager (Materials & Key Sourcing) V. Union of India, Through the Secretary, Ministry of Coal, A-Wing, Shastri Bhawan, Dr. Rajendra Prasad Road, New Delhi \\u2013 110 001 and South Eastern Coalfields Limited, Seepat Road, PO: SECL, Bilaspur (C.G.), Through its General Manager (Sales and Marketing) / Head of the Department, SECL, Bilaspur (C.G.) and State of Chhattisgarh, Through the Secretary, Department of Mines and Mineral Development, Mantralaya, Mahanadi Bhawan, Naya Raipur (C.G.)

WPC/2850/2016

AI Insights

The case involves multiple writ petitions concerning the establishment and contributions to the District Mineral Foundation (DMF) under the Mines and Minerals (Development and Regulation) Act, 1957. The petitioners, comprising various companies and individuals engaged in mining and mineral processing, challenged the contributions required to be made to the DMF in addition to the payment of royalty. The Supreme Court had previously decided on a similar issue, which was referenced in this case. The court's decision was based on the Supreme Court's ruling, which clarified the effective dates from which contributions to the DMF are required, depending on the type of mineral and the establishment date of the DMF by the state.

• Counselvise Citation: [2017] 140 COUNSELVISE.COM (IT) 815170 (HC-CHHATTISGARH)
• Appeal Type: Others
• Pronouncement Date: 24-10-2017
• Assessment Year: misc
• Other Referred Cases: Federation of Indian Mineral Industries & ors. v. Union of India & Anr.
• Laws Referred To: Mines and Minerals (Development and Regulation) Act, 1957
• Result in Favour of: Partly Allowed
• Court: HIGH COURT
• Department Lawyers: B KUMAR; SHAILENDRA SHUKLA
• Assessee Lawyers: SUMESH BAJAJ; SAURABH PANDE
• Keywords: Contribution; District Mineral Foundation; Mining lease; Prospecting license-cum-mining lease; Royalty
• Section: 48; 46; 47

Judgement Text

"1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No.82 of 2017 Vardhman Textiles Limited, Regd. & Corporate Office, Chandigarh Road, Ludhiana (Punjab) 141 010, Through Mr. Surendra Kumar Chopade, Senior Manager (Materials & Key Sourcing), Aged about 40 years, S/o Shri R.N. Chopade, R/o LIG-227, Sector-2/C, Saket Nagar, Bhopal (M.P.) (The petitioner Company, being the parent Company, is running two units in the State of M.P. namely Vardhman Yarns at Satlapur, M.P. and Vardhman Fabrics at Budhni, M.P. and the instant case is for both the units) ---- Petitioner Versus 1. Union of India, Through the Secretary, Ministry of Coal, A-Wing, Shastri Bhawan, Dr. Rajendra Prasad Road, New Delhi – 110 001. 2. South Eastern Coalfields Limited, Seepat Road, PO: SECL, Bilaspur (C.G.), Through its General Manager (Sales and Marketing) / Head of the Department, SECL, Bilaspur (C.G.) 3. State of Chhattisgarh, Through the Secretary, Department of Mines and Mineral Development, Mantralaya, Mahanadi Bhawan, Naya Raipur (C.G.) ---- Respondents WPC No.62 of 2016 1. Phil Coal Benefication Private Limited, Office B-10, Sai Plaza, Opp. CMD College, Link Road, Bilaspur (C.G.), Through its Authorized Signatory Mr. Suresh Kedia, S/o Shri Govind Prasad Kedia, Aged about 52 years, R/o 3rd Floor, Mahima Trade Centre, Hansa Vihar, Shrikant Verma Marg, Bilaspur (C.G.) 2. Phil Minerals Benefication & Energy Private Limited, Corporate Office 3rd Floor, Mahima Trade Center, Hansa Vihar, Shrikant Verma Marg, Bilaspur (C.G.), Through its Authorized Signatory Mr. Suresh Kedia, S/o Shri Govind Prasad Kedia, Aged about 52 years, R/o 3rd Floor, Mahima Trade Centre, Hansa Vihar, Shrikant Verma Marg, Bilaspur (C.G.) 3. Sunrise Trademart Private Ltd., Shop No. 7, Tilak Complex, Near Antulal Petrol Pump, Tilak Nagar, Bilaspur (C.G.), Through its Director Manish Kumar Agrawal, S/o Late Shri Vishnu Prasad Agrawal, Aged about 45 years, R/o 'Arpit' Shubham Vihar, Mungeli Road, Bilaspur (C.G.) 2 4. Sendoz Implex Limited, Office Dhan Mandi, Torwa, Bilaspur (C.G.), Through its Authorized Signatory Mukesh Kumar Verma, Aged about 25 years, R/o Vikas Nagar, 27 Kholi, Bilaspur (C.G.) ---- Petitioners Versus 1. Union of India, Through the Secretary, Ministry of Coal, A-Wing, Shastri Bhawan, Dr. Rajendra Prasad Road, New Delhi 110 001 2. South Eastern Coalfields Limited, Seepat Road, PO SECL, Bilaspur (C.G.), Through its General Manager (Sales and Marketing / Head of the Department, SECL, Bilaspur (C.G.) 3. State of Chhattisgarh, Through the Secretary, Department of Mines and Mineral Development, Mantralaya, Mahanadi Bhawan, Naya Raipur (C.G.) ---- Respondents WPC No.153 of 2016 1. M/s Godawari Power & Ispat Limited, A company duly incorporated under the provisions of the Companies Act, 1956 having its Registered Office at Hira Arcade, 1st Floor, Near New Bus Stand, Pandri, Raipur (C.G.) 2. M/s Hira Power & Steel Limited, A company duly incorporated under the provisions of the Companies Act, 1956 having its Registered Office at 557, 563 Urla Industrial Area, Raipur (C.G.) 3. M/s Hira Ferro Alloys Limited, A company duly incorporated under the provisions of the Companies Act, 1956 having its Registered Office at Plot No.567-B, 568 & 553-B, Urla Industrial Complex, Raipur (C.G.) 4. M/s Alok Ferro Alloys Limited, A company duly incorporated under the provisions of the Companies Act, 1956 having its Registered Office at Plot No.458/1, 459, Urla Industrial Complex, Raipur (C.G.) ---- Petitioners Versus 1. Union of India, Through its Secretary, Ministry of Coal, Government of India, Shastri Bhawan, Dr. Rajendra Prasad Road, New Delhi – 110 001. 2. South Eastern Coalfields Limited, Through General Manager (Sales & Marketing), Post Office SECL, Seepat Road, Civil & Revenue District Bilaspur (C.G.), Police Station Sarkanda, Bilaspur, PIN – 495 006. 3. The State of Chhattisgarh, Through Secretary, Mineral Resources Department, Government of Chhattisgarh, Mahanadi Bhavan, Mantralaya, Naya Raipur, Civil & Revenue District Raipur (C.G.), 3 PIN – 492 002. ---- Respondents WPC No.161 of 2017 Mahendra Sponge & Power Ltd., A Block, 2nd Floor, Maruti Business Park, Near Dhupar Pump, Raipur (C.G.), Through Mr. Kamlesh Ghosh, Executive Director of the petitioner Company, Aged about 47 years, S/o Late Shri S.K. Ghosh, R/o Plot No. 10/199, Opp. Agriculture College, Sai Nagar, Jora, Krishak Nagar, Raipur, District Raipur (C.G.) ---- Petitioner Versus 1. Union of India, Through the Secretary, Ministry of Coal, A-Wing, Shastri Bhawan, Dr. Rajendra Prasad Raod, New Delhi – 110 001 2. South Eastern Coalfields Limited, Seepat Raod, PO SECL, Bilaspur (C.G.), Through its General Manager (Sales and Marketing)/Head of the Department, SECL, Bilaspur (C.G.) 3. State of Chhattisgarh, Through the Secretary, Department of Mines and Mineral Development, Mantralaya, Mahanadi Bhawan, Naya Raipur (C.G.) ---- Respondents WPC No.183 of 2016 1. Shakti Traders, Jalpa Devi Ward, Katni (M.P.), Through its Proprietor Rajendra Kumar Agrawal, S/o Late Shri Ramniranjan Agrawal, Aged about 56 years, R/o Jalpa Devi Ward, Katni (M.P.) 2. Mahavir Coal Resources Pvt. Ltd., Jain Complex, Amar Dharamkanta, Puraini, Katni (M.P.), Through its Director Uttamchand Jain, S/o Late Shri Lakhmichand Jain, Aged about 67 years, R/o Behind Old Income Tax Office, Nayi Basti, Katni (M.P.) 3. Mahakaleshwar Mines & Metal Pvt. Ltd., Arjunnagar, Rewa (M.P.), Through its Director Arun Goyal, S/o Shri Bhagatram Agrawal, Aged about 45 years, R/o Mitra Bihar Colony, Katni (M.P.) 4. Maa Ambaji Enterprises, Dr. Khare Gali, Panna Road, Kuthla, Katni (M.P.), Through its Proprietor Bhartendra Singh, S/o Shri B.S. Thakur, Aged about 41 years, R/o Panna Road, Kuthla, Katni (M.P.) 5. Amit Trading Company, Street No. 8, Rajendra Nagar, Goyal Bhavan, Satna (M.P.), Through its Proprietor Ramnivas Goyal, S/o Rameshvardas Goyal, Aged about 58 years, R/o Goyal Bhavan, Rajendra Nagar, Satna (M.P.) 6. AVNG Manufacturing Ltd., H.No.88, Rajiv Gandhi Ward, Sai Darbar Road, Katni (M.P.), Through its Director Vijay Garodia, S/o 4 Shri Vishwanath Garodia, Aged about 52 years, R/o Dubey Colony, Khiraini, Katni (M.P.) 7. Shri Mineral Fuels, Rajiv Gandhi Ward, Katni (M.P.), Through its Proprietor Vijay Garodia, S/o Shri Vishwanath Garodia, Aged about 52 years, R/o Dubey Colony, Khiraini, Katni (M.P.) 8. M/s. Thakurdas Agrahari, Nadipar, Katni (M.P.), Through its Proprietor Satya Narayan Agrahari, S/o Late Shri Thakurdas Agrahari, Aged about 55 years, R/o Nadipar, Katni (M.P.) 9. Mahamaya Coal Company, Street No. 8, Rajendra Nagar, Goyal Bhavan, Satna (M.P.), Through its Proprietor Amit Goyal, S/o Ramnivas Goyal, Aged about 27 years, R/o Rajendra Nagar, Satna (M.P.) 10. Mahima Marketing, Bharatiyam Sadan, Ganesh Chowk, Civil Lines, Katni (M.P.), Through its Proprietor Ranvir Kumar Karan, S/o Shri Gopi Raman Karan, Aged about 40 years, R/o Rubber Factory Road, Katni (M.P.) 11. Ashok Kumar & Company, Malviya Ganj, Opp. Rajasthan Bhavan, Katni (M.P.), Through its Proprietor Ashok Kumar Agrawal, S/o Late Shri Nathulal Agrawal, Aged about 62 years, R/o Kamania Gate Gali, Opp. Photolight Studio, Katni (M.P.) 12. Kanha Trading Company, C/o Vijay Road Lines, Near Madhav Nagar Gate, Jabalpur Road, Katni (M.P.), Through its Proprietor Ashok Kumar Yadav, S/o Shri Raja Ram Yadav, Aged about 38 years, R/o Madhav Nagar Gate, Jabalpur Road, Katni (M.P.) 13. Shraddha Trading Company, Chaurasia Building, Mirzapur Road, Kuthla, Katni (M.P.), Through its Proprietor Satish Chaurasia, S/o Shri Lal Chaurasia, Aged about 50 years, R/o Gallamandi Road, Ward No. 1, Katni (M.P.) 14. Kalptaru Enterpirses, Rajasthan Bhavan Market, Hanumanganj, Katni (M.P.), Through its Proprietor Prakash Bajaj, S/o P.L. Bajaj, Aged about 49 years, R/o Dubey Colony, Katni (M.P.) 15. Mahavir Trading Company, Near Lal Building, Gandhiganj, Katni (M.P.), Through its Proprietor Nilesh Kumar Jain, S/o Late Shri Manik Chand Jain, Aged about 35 years, R/o Near Lal Building, Gandhiganj, Katni (M.P.) 16. Deep Minerals, C/o Shri Mohan Lal Asati, Masurha Ward, Purani Basti, Katni (M.P.), Through its Proprietor Deepchand Asati, S/o Shri Mohan Lal Asati, Aged about 31 years, R/o Masurha Ward, Purani Basti, Katni (M.P.) 17. Shri Sai Trading Company, Ishwaripura Ward, Purani Basti, Katni (M.P.), Through its Proprietor Rakesh Kumar Sahu, S/o Kamla Prasad Sahu, Aged about 29 years, R/o Ishwaripura Ward, Purani Basti, Katni (M.P.) 5 18. Bahubali Coal Corporation, Amlai Chowk, Shahdol Road, Budhar (M.P.), Through its Proprietor Pavan Kumar Jain, S/o Late Shri Hemchand Jain, Aged about 48 years, R/o College Road, Amlai Chowk, Budhar (M.P.) 19. Ayush Coal Corporation, Gate No. 1, Krishna Dham Colony, Katayeghat Road, Katni (M.P.), Through its Proprietor Brijesh Kumar Mishra, S/o Bhanupratap Mishra, Aged about 28 years, R/o Krishna Dham Colony, Katni (M.P.) 20. Jai Durga Enterprises, Civil Lines, Katni (M.P.), Through its Proprietor Smt. Pallavi Chandra, W/o Shri Dilip Chandra, Aged about 45 years, R/o Opp. Dr. Vaishya, Civil Lines, Katni (M.P.) 21. Abha Enterprises, Lokmanya Tilak Ward, Puraini, Katni (M.P.), Through its Proprietor Sudhish Kumar Jain, S/o Late Shri Tara Chand Jain, Aged about 52 years, R/o Bachchan Nayak Gali, Sawarkar Ward, Katni (M.P.) 22. Shri Vidha Trading, 575, Near Jain Mandir, Agrawal Colony, Jabalpur (M.P.), Through its Proprietor Praveen Jain, S/o Shri Mahendra Kumar Jain, Aged about 45 years, R/o Agrawal Colony, Jabalpur (M.P.) 23. Prahlad Enterprises, Opp. Awasthi Petrol Pump, Chaka, Katni (M.P.), Through its Proprietor Prahlad Kumar Agrawal, S/o Late Shri Narmada Prasad Agrawal, Aged about 51 years, R/o Mitra Bihar Colony, Katni (M.P.) 24. Jai Durga Associates, Durga Chowk, Khiraini, Katni (M.P.), Through iIts Proprietor Shaligram Patel, S/o H.S. Patel, Aged about 46 years, R/o Durga Chowk, Khiraini, Katni (M.P.) 25. Arti Minerals, Nayi Basti, Katni (M.P.), Through its Proprietor Sushil Kumar Verma, S/o Ramprasad Verma, Aged about 63 years, R/o Nayi Basti, Katni (M.P.) 26. Mohit Minerals Pvt. Ltd., 01, Chaurasia Building, Mirzapur Road, Kuthla, Katni (M.P.), Through its Director Chandra Bhushan Bajaj, S/o Late Shri Baldev Raj Bajaj, Aged about 56 years, R/o D-71, K.T. Nagar, Delhi. 27. Shri Vandana Trading Corporation (Unit of Shri Vinayaka Tractor & Motors Pvt. Ltd.), E-Block, 1st Floor, Subhash Chowk, Shopping Complex, Katni (M.P.), Through its Director Prashant K. Yadav, S/o Late Shri Kailash Narayan Yadav, Aged about 55 years, R/o Subhash Chowk, Subhash Ward, Katni (M.P.) 28. Sharda Refractories (Prop. M.P. Minerals Pvt. Ltd.), Through its Director Lalit Kumar Mittal, S/o Late Shri C.R. Mittal, Aged about 53 years, R/o 26, Commercial Complex, Housing Board Colony, Katni (M.P.) 29. Poddar Coal Sales, Poddar Puri, Chaka, Katni (M.P.), Through its 6 Proprietor Kailash Kishore Poddar, S/o Late Shri Shankar Lal Poddar, Aged about 56 years, R/o Poddar Puri, Chaka, Katni (M.P.) 30. Shivam Minerals, Near Gurudwara, Gurunanak Ward, Katni (M.P.), Through its Proprietor Pramod Agrawal, S/o Late Shri Kedar Nath Agrawal, Aged about 54 years, R/o Gurunanak Ward, Katni (M.P.) 31. Siddhi Coal Corporation, Opp. Dr. Ram Nursing Home, Nayi Basti, Katni (M.P.), Through its Proprietor Anshul Gupta, S/o Vijay Kumar Gupta, Aged about 31 years, R/o Nayi Basti, Katni (M.P.) 32. Siddhnath Minerals, Dixit Bhavan, Veer Sawarkar Ward, Nayi Basti, Katni (M.P.), Through its Proprietor Paritosh Dixit, S/o Shri Rajesh Dixit, Aged about 29 years, R/o Nayi Basti, Katni (M.P.) 33. Katni Minerals Pvt. Ltd., Housing Board Colony, Katni (M.P.), Through its Director Suresh Mittal, S/o Late Shri C.R. Mittal, Aged about 42 years, R/o 26 Housing Board Colony, Katni (M.P.) 34. Mata Di Coal Depot, Ring Road, Namankala, Ambikapur (C.G.), Through its Proprietor Satish Agrawal, S/o Kishan Agrawal, Aged about 50 years, R/o Ring Road, Namankala, Ambikapur (C.G.) 35. Vinayaka Refractories & Minerals Pvt. Ltd., Subhash Chowk Shopping Complex, Katni (M.P.), Through its Director Rajendra Kumar Agrawal, S/o Late Shri Ramniranjan Agrawal, Aged about 56 years, R/o Jalpa Devi Ward, Katni (M.P.) 36. Vindhya Ceramics, Plot No. 55, Industrial Area, Satna (M.P.), Through its Partner Yogesh Kumar Tamrakar, S/o Late Shri Shankar Prasad Tamrakar, Aged about 52 years, R/o Adarsh Nagar, Rewa Road, Satna (M.P.) 37. Vindhya Boards Pvt. Ltd., Plot No.55, Industrial Area, Satna (M.P.), Through its Director Yogesh Kumar Tamrakar, S/o Late Shri Shankar Prasad Tamrakar, Aged about 52 years, R/o Adarsh Nagar, Rewa Road, Satna (M.P.) ---- Petitioners Versus 1. Union of India, Through the Secretary, Ministry of Coal, A-Wing, Shastri Bhawan, Dr. Rajendra Prasad Road, New Delhi 110 001. 2. South Eastern Coalfields Limited, Seepat Road, PO SECL, Bilaspur (C.G.), Through its General Manager (Sales and Marketing) / Head of the Department, SECL, Bilaspur (C.G.) 3. State of Madhya Pradesh, Through the Secretary, Department of Mines and Mineral Development, Mantralaya, Vallabh Bhawan, Bhopal (M.P.) 4. State of Chhattisgarh, Through the Secretary, Department of Mines 7 and Mineral Development, Mantralaya, Mahanadi Bhawan, Naya Raipur (C.G.) ---- Respondents WPC No.220 of 2016 1. M/s Sumit Coal Feeders, Through its Proprietor namely Shri Sumit Kumar Agrawal, S/o Shri Suresh Agrawal, Aged about 30 years, R/o Vinoba Nagar, Bilaspur, P.S. Tarbahar, Tahsil and District Bilaspur (C.G.) 2. M/s Prachi Enterprises, Through its Proprietor namely Shri Amit Kumar Agrawal, S/o Shri Suresh Agrawal, Aged about 33 years, R/o Vinoba Nagar, Bilaspur P.S. Tarbahar, Tahsil and District Bilaspur (C.G.) 3. M/s Suman Enterprises, Through its Proprietor namely Smt. Suman Agrawal, W/o Shri Amit Agrawal, Aged about 30 years, R/o Vinoba Nagar, Bilaspur, P.S. Tarbahar, Tahsil and District Bilaspur (C.G.) 4. M/s Shri Gayatri Enterprises, Through its Proprietor namely Shri Vinod Kumar Gupta, S/o Shri R.K.P. Gupta, Aged about 45 years, O/o In front of Astha Petrol Pump, Vyapar Vihar and R/o H.N. No. 225, Vaishali Nagar, Bilaspur, P.S. Civil Lines, Tahsil & District Bilaspur (C.G.) ---- Petitioners Versus 1. Union of India, Through the Secretary, Ministry of Coal, A-Wing, Shastri Bhawan, Dr. Rajendra Prasad Road, New Delhi 110001 2. South Eastern Coalfields Limited, Seepat Road, P.O SECL, Bilaspur (C.G.), Through its General Manager (Sales and Marketing) / Head of the Department, SECL, Bilaspur (C.G.) 3. State of Chhattisgarh, Through the Secretary, Department of Mines and Mineral Development, Mantralaya, Mahanadi Bhawan, Naya Raipur (C.G.) ---- Respondents WPC No.278 of 2017 1. Parasnath Coal Traders, Kelwara Kala, Mirzapur Road, Katni (M.P.), Through its Proprietor Amit Jain, S/o Shri Mahendra Kumar Jain, Aged about 38 years, R/o Bachchan Nayak Gali, Bahubali Colony, Katni (M.P.) 2. P.J. Coal Company, Amousi Station Road, Naderganj, Lucknow (U.P.), Through its Proprietor Makhanlal Jaiswal, S/o Shri Asharfi Lal Jaiswal, Aged about 54 years, R/o Amousi Station Road, Naderganj, Lucknow (U.P.) 8 3. Vardhman Traders, MIG Il 72, Near Jain Mandir, Shiv Nagar, Jabalpur (M.P.), Through its Proprietor Rajesh Kumar Jain, S/o Shri Rajkumar Jain, Aged about 42 years, R/o MIG Il 72, Near Jain Mandir, Shiv Nagar, Jabalpur (M.P.) 4. Chandresh Enterprises, In front of Central Bank, Krishi Mandi Road, Katni (M.P.), Through its Proprietor Vivek Agrawal, S/o Late Shri Chandramohan Agrawal, Aged about 31 years, R/o In front of Central Bank, Krishi Mandi Road, Katni (M.P.) 5. Sanjay Trading Co., Mukherjee Chowk, Barrier Road, Kotma, Distt. Anuppur (M.P.), Through its Proprietor Sanjay Agrawal, S/o Late Shri S. S. Agrawal, Aged about 41 years, R/o Mukherjee Chowk, Barrier Road, Kotma, Distt. Anuppur (M.P.) 6. Sumit Coal Corporation, 86, Tirupati Nagar, Aerodrome Road, Indore (M.P.), Through its Proprietor Sumit Agrawal, S/o Suresh Agrawal, Aged about 33 yeras, R/o 86, Tirupati Nagar, Aerodrome Road, Indore (M.P.) 7. Pareek Traders, Civil Lines, Ward No. 20, Manendragarh, Distt. Korea (C.G.), Through its Proprietor Sohan Lal Pareek, S/o Late Shri Bodu Ram Pareek, Aged about 56 years, R/o Civil Lines, Ward No. 20, Manendragarh, Distt. Korea (C.G.) ---- Petitioners Versus 1. Union of India, Through the Secretary, Ministry of Coal, A-Wing, Shastri Bhawan, Dr. Rajendra Prasad Road, New Delhi 110 001. 2. South Eastern Coalfields Limited, Seepat Road, PO SECL, Bilaspur (C.G.), Through its General Manager (Sales and Marketing) / Head of the Department, SECL, Bilaspur (C.G.) 3. State of Chhattisgarh, Through the Secretary, Department of Mines and Mineral Development, Mantralaya, Mahanadi Bhawan, Naya Raipur (C.G.) ---- Respondents WPC No.509 of 2016 1. M/s. Vijay Sales Corporation, Through its Authorized Signatory Shri Pramod Kumar Thakur, S/o Late Shri Kartar Singh, Age 58 years, R/o C- 239, Agyey Nagar, Bilaspur (C.G.), PIN 495001 2. M/s. Bhagwati Traders, Through its Authorized Signatory Shri Laxhmikant Modi, R/o Vinoba Nagar, Bilaspur (C.G.), PIN 495001 3. M/s. Bhagwati Enterprises, Through its Authorized Signatory Shri Rama Singhania. Opp. A-120 Agyey Nagar Colony, Bilaspur (C.G.), PIN 495001 4. M/s. Hanuman Traders, Through its Authorized Signatory Stuti 9 Milhotra, R/o C-33, Agyey Nagar, Bilaspur (C.G.), PIN 495001 5. Maa Shanti Business (India) Pvt. Ltd., Through its Authorized Signatory Shri Suresh Agarwal, R/o Vivekanand Nagar, Borsi Road, Durg (C.G.) ---- Petitioners Versus 1. Union of India, Through Secretary, Ministry of Mines, Government of India, Shastri Bhawan, Dr. Rajendra Prasad Road, New Delhi, PIN 11001 2. Union of India, Through Secretary, Ministry of Coal, Government of India, Shastri Bhawan, Dr. Rajendra Prasad Road, New Delhi, PIN 110001 3. South Eastern Coalfields Limited, Through General Manager (Sales & Marketing), Post Office SECL, Seepat Road, Civil & Revenue District Bilaspur (C.G.), Police Station Sarkanda Thana, Bilaspur, PIN 495006 4. The State of Chhattisgarh, Through Secretary, Minerals Resources Department, Government of Chhattisgarh, Mahanadi Bhavan, Mantralaya, Naya Raipur, Civil & Revenue District Raipur (C.G.) PIN 492002 ---- Respondents WPC No.427 of 2017 1. M/s Jai Maa Sharda Coal Traders, Proprietorship Firm, through its Proprietor Smt. Seema Jaiswal, W/o Harish Chandra Jaiswal, Aged about 48 years, R/o Dhanua Rewa Road, Naini, Allahabad (Uttar Pradesh). 2. M/s Ankit Coal Depot, Proprietorship Firm, through its Proprietor Harish Chandra Jaiswal, S/o Late Shri Ganga Prasad Jaiswal, Aged about 51 years, R/o Dandi Rewa Road, Allahabad (Uttar Pradesh). 3. M/s Bachau Traders, Proprietorship Firm, through its Proprietor Anuj Kumar Jaiswal, S/o Surendhar Kumar Jaiswal, Aged about 48 years, R/o 303/98, Alopi Bagh, Allahabad (Uttar Pradesh). 4. M/s Poonam Coal Traders, Proprietorship Firm, through its Proprietor Dinesh Kumar Jain, S/o Anup Singh Jain, Aged about 41 years, R/o LIG 113, ADA Colony, Preetam Nagar, Allahabad (Uttar Pradesh). 5. M/s D.K. Coal Depot, Proprietorship Firm, through its Proprietor Dhirendra Kumar Jaiswal, S/o Late Shri Birendra Kumar Jaiswal, Aged about 47 years, R/o 176, Purabaldi Kydganj, Allahabad (Uttar Pradesh). 10 6. M/s A.J. Enterprises, Partnership Firm, through its Partner Ajay Kumar Jaiswal, Aged about 50 years, R/o 120, Purabaldi Kydganj, Allahabad (Uttar Pradesh). 7. M/s Muuna Coal Depot, Proprietorship Firm, through its Proprietor Sabir Ali, S/o Late Shri Sirajuddin, Aged about 52 years, R/o Dhanua Rewa Road, Allahabad (Uttar Pradesh). 8. M/s Rakesh Kumar Jaiswal, Proprietorship Firm, through its Proprietor Rakesh Kumar Jaiswal, S/o Late Shri Ramnath Jaiswal, Aged about 48 years, R/o 220 K.V. Power House, Rewa Road, Naini, Allahabad (Uttar Pradesh). 9. M/s Visakha Traders, Proprietorship Firm, through its Proprietor Rakesh Chandra Jaiswal, S/o Rampal Jaiswal, Aged about 42 years, R/o Dhanua Rewa Road, Allahabad (Uttar Pradesh). 10. M/s Shivam Coal Depot, Proprietorship Firm, through its Proprietor Ravi Jaiswal, S/o Srinath Jaiswal, Aged about 44 years, R/o 220 K.V. Power House, Rewa Road, Naini, Allahabad (Uttar Pradesh). 11. M/s Maa Enterprises, Proprietorship Firm, through its Proprietor Saurabh Jaiswal, S/o Rakesh Chandra Jaiswal, Aged about 28 years, R/o 257/132, Krishna Nagar, Kydganj, Allahabad (Uttar Pradesh). 12. M/s Bajrang Coal Traders, Partnership Firm, through its Partner Jitendra Singh, S/o Ram Sajivan Singh, aged about 45 years, R/o Mandaur Jagatpur Phulpar, Allahabad (Uttar Pradesh). ---- Petitioners Versus 1. Union of India, through the Secretary, Ministry of Coal, A-Wing, Shastri Bhawan, Dr. Rajendra Prasad Road, New Delhi 110 001. 2. South Eastern Coalfields Limited, Seepat Road, PO SECL, Bilaspur (C.G.), through its General Manager (Sales and Marketing)/ Head of the Department, SECL, Bilaspur (C.G.) 3. State of Chhattisgarh, Through the Secretary, Department of Mines and Mineral Development, Mahanadi Mantralaya, Naya Raipur, Post Office & Police Station Naya Raipur, District Raipur (C.G.) ---- Respondents WPC No.627 of 2016 M/s Sarda Energy & Minerals Ltd., A company duly incorporated under the provisions of the Companies Act, 1956 having its Corporate Office and Works at Industrial Growth Centre, Phase-1, Siltara, Raipur (C.G.) ---- Petitioner Versus 11 1. Union of India, Through its Secretary, Ministry of Mines, Government of India, Shastri Bhawan, Dr. Rajendra Prasad Road, New Delhi – 110 001 2. South Eastern Coalfields Limited, Through General Manager (Sales & Marketing), Post Office SECL, Seepat Road, Civil & Revenue District Bilaspur (C.G.), Police Station Sarkanda, Bilaspur, PIN – 495 006 3. State of Chhattisgarh, Through Secretary, Mineral Resources Department, Government of Chhattisgarh, Mahanadi Bhawan, Mantralaya, Naya Raipur, Civil & Revenue District Raipur (C.G.), PIN – 492 002. ---- Respondents WPC No.540 of 2017 M/s Hariom Trading Company, In front of Basant Petrol Pump, Besides P.N.B., Kharsiya Road, Ambikapur, Surguja, Distt. Surguja (C.G.) 497001. Through its Partner, Mr. Amit Agrawal, Aged about 40 years, S/o Kali Ram Agrawal, R/o Ward No. 34, Kharsiya Road, Ambikapur, Surguja, District Surguja (C.G.) 497001. ---- Petitioner Versus 1. Union of India, Through the Secretary, Ministry of Coal, A-Wing, Shastri Bhawan, Dr. Rajendra Prasad Road, New Delhi 110 001. 2. South Eastern Coalfields Limited, Seepat Road, PO SECL, Bilaspur (C.G.), Through its General Manager (Sales and Marketing) / Head of the Department, SECL, Bilaspur (C.G.) 3. State of Chhattisgarh, Through the Secretary, Department of Mines and Mineral Development, Mantralaya, Mahanadi Bhawan, Naya Raipur (C.G.) ---- Respondents WPC No.915 of 2016 Chhattisgarh Power & Coal Benefication Ltd., Registered Office at Plot No. 60, Sector-C, Sirgitti Industrial, Bilaspur (C.G.) 495 001, Through its Director Shri Shikhar Agarwal, S/o Shri Ramavatar Agarwal, Aged about 28 years, R/o Agrawal Bhawan, Shiv Mandir Road, Vidya Upnagar, Bilaspur (C.G.) ---- Petitioner Versus 1. Union of India, Through the Secretary, Ministry of Coal, A-Wing, Shastri Bhawan, Dr. Rajendra Prasad Road, New Delhi 110001. 2. South Eastern Coalfields Limited, Seepat Road, P.O. SECL, Bilaspur (C.G.), Through its General Manager (Sales and 12 Marketing) / Head of the Department, SECL, Bilaspur (C.G.) 3. State of Chhattisgarh, Through the Secretary, Department of Mines and Minerals Development, Mantralaya, Mahanadi Bhawan, Naya Raipur (C.G.) ---- Respondents WPC No.1021 of 2017 1. M/s Jaya Minerals, Near Saraswati School, Girija Ghat Road, Jagmohandas Ward, Katni (M.P.), Through its Director Ramesh Kumar Mishra, S/o Shri Ramkripal Mishra, Aged about 63 years, R/o Near Saraswati School, Nayi Basti, Katni (M.P.) 2. M/s Manisha Minerals, Saraswati School, Nayi Basti, Katni (M.P.), Through its Director Hemant Kumar Mishra, S/o Shri Ramesh Kumar Mishra, Aged about 44 years, R/o Near Saraswati School, Nayi Basti, Katni (M.P.) ---- Petitioners Versus 1. Union of India, Through the Secretary, Ministry of Coal, A-Wing, Shastri Bhawan, Dr. Rajendra Prasad Road, New Delhi 110001. 2. South Eastern Coalfields Limited, Seepat Road, PO SECL, Bilaspur (C.G.), Through its General Manager (Sales and Marketing)/ Head of the Department, SECL, Bilaspur (C.G.) 3. State of Madhya Pradesh, Through the Secretary, Department of Mines and Minerals Development, Mantralaya, Vallabh Bhawan, Bhopal (M.P.) 4. State of Chhattisgarh, Through the Secretary, Department of Mines and Mineral Development, Mantralaya, Mahanadi Bhawan, Naya Raipur (C.G.) ---- Respondents WPC No.945 of 2017 1. M/s Jai Hanuman Coal Depot, Behind Old Bus Stand, Ambikapur- 497 001, District Surguja, C.G., through Proprietor Rahul Goyal, S/o Kawal Kanhaiya Agrawal, aged about 31 years, R/o Old Bus Stand, Ambikapur, P.S. & P.O. Ambikapur, District Surguja, C.G. 2. M/s Vivek Traders, Behind Old Bus Stand (Kharsia Road), Ambikapur-497 001, District Surguja, C.G., through Proprietor Vivek Goyal, S/o Arjun Agrawal, aged about 33 years, R/o Old Bus Stand, Ambikapur, P.S. & P.O. Ambikapur, District Surguja, C.G. 3. M/s Maruti Minerals, Behind Old Bus Stand, Ambikapur-497 001, District Surguja, C.G., through Proprietor Shailja Goyal, W/o Rahul Goyal, aged about 29 years, R/o Old Bus Stand, Ambikapur, P.S. & P.O. Ambikapur, District Surguja, C.G. 13 4. M/s Mukesh Kumar Agrawal, M.G. Road, Ambikapur-497 001, District Surguja, C.G., through Proprietor Mukesh Kumar Agrawal, S/o Late Ram Prasad Agrawal, aged about 40 years, R/o Mayapur, Ambikapur, District Surguja, C.G. ---- Petitioners Versus 1. Union of India, through the Secretary, Ministry of Coal, A Wing, Shastri Bhawan, Dr. Rajendra Prasad Road, New Delhi 110001 2. Union of India, through the Secretary, Ministry of Mines and Minerals, A Wing, Shastri Bhawan, Dr. Rajendra Prasad Road, New Delhi 110001 3. State of Chhattisgarh, through the Secretary, Department of Mines and Minerals Development, Ministry, Mahanadi Bhawan, New Raipur, District Raipur, C.G. 4. South Eastern Coal Fields Limited, through General Manager (Sales & Marketing) Head of Department, Seepat Road, Bilaspur, District Bilaspur, C.G. 5. South Eastern Coal Fields Limited, through Area Manager (Sales), Bishrampur Area, P.O. Bishrampur Colliery, District Surajpur, C.G. ---- Respondents WPC No.1253 of 2017 M/s Om Shakti Coal Depot, through its Proprietor Raghvendra Kumar Gupta, S/o Girish Gupta, aged about 35 years, R/o Raghunathpur, Lamgaon, Ambiakpur, Distt. Surguja (C.G.). Permanent R/o Village Adinasalka, Tahsil Bhaiyathan, Distt. Surajpur (C.G.) ---- Petitioner Versus 1. Union of India, through the Secretary, Ministry of Coal, A-Wing, Shastri Bhawan, Dr. Rajendra Prasad Road, New Delhi 110 001. 2. South Eastern Coalfields Limited, Seepat Road, PO SECL, Bilaspur (C.G.), through its General Manager (Sales and Marketing)/Head of the Department, SECL, Bilaspur (C.G.) 3. State of Chhattisgarh, Through the Secretary, Department of Mines and Mineral Development, Mahanadi Mantralaya, Naya Raipur, Post Office & Police Station Naya Raipur, District Raipur (C.G.) ---- Respondents WPC No.1779 of 2016 Indermani Minerals India Private Limited, Through its Director Sunil Kumar Agrawal, S/o Shri M. L. Agrawal, Aged around 43 years, R/o 14 Tower C-1, Aishwarya Residency, GE Road, Telibandha, Raipur (C.G.), Civil & Revenue District Raipur (C.G.), Police Station Telibandha (C.G.) Pin 492 001 ---- Petitioner Versus 1. Union of India, Through the Secretary, Ministry of Mines, Government of India, Shastri Bhawan, Dr. Rajendra Prasad Road, New Delhi, PIN 110 001 2. South Eastern Coalfields Limited, Through its General Manager (Sales & Marketing)/Head of Department, Post Office SECL, Seepat Road, Civil & Revenue District Bilaspur (C.G.), Police Station Sarkanda Thana, Bilaspur, PIN 495 006 3. The State of Chhattisgarh, Through the Secretary, Department of Mines and Mineral Development, Government of Chhattisgarh, Mahanadi Bhavan, Mantralaya, Naya Raipur, Civil & Revenue District Raipur (C.G.) PIN 492 002 ---- Respondents WPC No.2316 of 2016 Raipur Crusher Sanchalak Association, A Society registered under the provisions of the Chhattisgarh Society Registrikaran Adhiniyam, 1973, having its registered office at House No. 125, Anand Nagar, Post Telibandha, Tehsil and District Raipur (C.G.) Through its President Mr. Rakesh Dubey, S/o Shri R. P. Dubey, aged about 57 years, R/o 360/1, Shriram Nagar, Phase-I, Street 7, Shankar Nagar, Raipur, P.S. Mowa, District Raipur (C.G.) ---- Petitioner Versus 1. State of Chhattisgarh, Through the Secretary, Department of Mines and Mineral Development, Mahanadi Bhawan, Mantralaya, Naya Raipur (C.G.) 2. The Collector, Collectorate, Raipur (C.G.) 3. The Mining Officer, Collectorate, Raipur (C.G.) 4. Union of India, Through the Secretary, Ministry of Mines, Shastri Bhawan, Dr. Rajendra Prasad Road, New Delhi- 110001. ---- Respondents WPC No.2159 of 2015 Mahamaya Minerals, Through its Partner Amit Agrawal, S/o Premchand Agrawal, Aged about 33 years, R/o Hatri Chowk, Sakti, P.S. & Tahsil Sakti, District Janjgir-Champa (C.G.) ---- Petitioner 15 Versus 1. Union of India, Ministry of Coal and Mining, Shastri Bhawan, Dr. Rajendra Prasad Road, New Delhi. 2. The South Eastern Coalfield Limited, through the Chief General Manager, South Eastern Coalfields Limited, Basant Vihar, Bilaspur, Tahsil & District Bilaspur (C.G.) 3. The Chief General Manager, South Eastern Coalfields Limited, Near Kelo Bridge, Raigarh, Tahsil & District Raigarh (C.G.) 4. The State of Chhattisgarh, through the Secretary, Mining and Minerals Department, Mahanadi Bhawan, Mantralaya, Naya Raipur Tahsil & Distirct Raipur (C.G.) ---- Respondents WPC No.2260 of 2015 1. Balaji Coal & Scrap, Through its Partner Jay Prakash Agrawal, S/o Shri Hemant Kumar Agrawal, Aged about 37 years, R/o Opposite Mahima Towers, Vyapar Vihar, Bilaspur (C.G.), Civil & Revenue District Bilaspur (C.G.), Police Station Civil Lines, Bilaspur, PIN 495 001 2. Gurudev Trade Zone Private Limited, Through its Director Jay Prakash Agrawal, S/o Shri Hemant Kumar Agrawal, Aged about 37 years, R/o CA Chambers, Near Shriram Towers, Vyapar Vihar, Bilaspur (C.G.), Civil & Revenue District Bilaspur (C.G.), Police Station Civil Lines, Bilaspur, PIN 495 001 3. Mahima Merchandizing Private Limited, Through its Director Dilip Kumar Gupta, S/o Late R.C. Gupta, Aged about 52 years, R/o Shop No.10, Block A, Shriram Towers, Vyapar Vihar, Bilaspur (C.G.), Civil & Revenue District Bilaspur (C.G.), Police Station Civil Lines, Bilaspur, PIN 495 001 4. Coal India, Through its Proprietor Deepak Agrawal, S/o Shri Rajesh Agrawal, Aged about 27 years, R/o Near Agrawal Bhawan, Vidya Nagar, Bilaspur (C.G.), Civil & Revenue District Bilaspur (C.G.), Police Station Tarbahar, Bilaspur, PIN 495 001 5. Puja Enterprises, Through its Proprietor Ashish Agrawal, S/o Shri Bajranglal Agrawal, Aged about 31 years, R/o 347, Vidya Nagar, Bilaspur (C.G.), Civil & Revenue District Bilaspur (C.G.), Police Station Tarbahar, Bilaspur, PIN 495 001 6. Moonlight Commtrade Private Limited, Through its Director Ankit Agrawal, S/o Shri Santosh Agrawal, Aged about 28 years, R/o Barsana, Sharda Traders, Vidya Nagar, Bilaspur (C.G.), Civil & Revenue District Bilaspur (C.G.), Police Station Tarbahar, Bilaspur, PIN 495 001 7. Sagar Traders, Through its Proprietor Ajay Singh, S/o Shri 16 Nagendra Prasad Singh, Aged about 39 years, R/o B/231, Near Omkareshwar Mandir, Agyeya Nagar, Bilaspur (C.G.), Civil & Revenue District Bilaspur (C.G.), Police Station Civil Lines, Bilaspur, PIN 495 001 8. Arpa Fuel Private Limited, Through its Director Vinod Kumar Mittal, S/o Shri Durga Prasad Mittal, Aged about 43 years, R/o Mittal Chambers, Link Road, Bilaspur (C.G.), Civil & Revenue District Bilaspur (C.G.), Police Station Tarbahar, Bilaspur, PIN 495 001 9. Mittal Tradelink Private Limited, Through its Director Dinesh Kumar Mittal, S/o Shri Durga Prasad Agrawal, Aged about 48 years, R/o Mittal Chambers, Link Road, Bilaspur (C.G.), Civil & Revenue District Bilaspur (C.G.), Police Station Tarbahar, Bilaspur, PIN 495 001 10. Balaji Trade Zone Private Limited, Through its Director Jay Prakash Agrawal, S/o Shri Hemant Kumar Agrawal, Aged about 37 years, R/o Plot No.30, Mahima Vihar, Ring Road No.2, Bilaspur (C.G.), Civil & Revenue District Bilaspur (C.G.), Police Station Civil Lines, Bilaspur, PIN 495 001 11. Natural Coal & Beneficials, Through its Proprietor Ankit Agrawal, S/o Shri Santosh Agrawal, Aged about 28 years, R/o Barsana, Sharda Traders, Vidya Nagar, Bilaspur (C.G.), PIN 495 001, Civil & Revenue District Bilaspur (C.G.), Police Station Tarbahar, Bilaspur 12. Jaya Industries, Through its Proprietor Ashok Kumar Maheshwari, S/o Shri Hanuman Das Lahoti, Aged about 55 years, R/o Plot No.17/E, H.I.A., Hathkhoj, Tehsil Bhilai (C.G.), Civil & Revenue District Durg (C.G.), Police Station Bhilai 3 (C.G.), PIN 490 026 13. Maheshwari Tradelink, Through its Proprietor Girish Kumar Lahoti, S/o Shri Hanuman Das Lahoti, Aged about 43 years, R/o Near Government School, New Khursipar, Bhilai (C.G.), Civil & Revenue District Durg (C.G.), Police Station New Khursipar, Bhilai, PIN 490 001 14. Ganesha Coal, Through its Proprietor Amit Agrawal, S/o Shri Madanlal Agrawal, Aged about 37 years, R/o Near Ranger Office, Main Road, Korba, Tehsil Korba (C.G.), Civil & Revenue District Korba (C.G.), Police Station Korba (C.G.), PIN 495 678 15. Hanuman Coal Traders, Through its Partner Sunil Kumar Gupta, S/o Shri Jai Prakash Gupta, Aged about 42 years, R/o Plot No. 238, Village Dhaourabhata, Tehsil Belha, District Bilaspur (C.G.), Civil & Revenue District Bilaspur (C.G.), Police Station Hirri, Bilaspur (C.G.), PIN 495 222 16. M/s Shri Sai Trading Company, Through its Proprietor Sanjeev Kumar Gupta, S/o Late Satyadev Gupta, Aged about 43 years, R/o 8-1, Sector 1, Shankar Nagar, Raipur (C.G.), Civil & Revenue District Raipur (C.G.), Police Station Civil Lines, Raipur, PIN 492 007 17 17. M/s Kailash Kumar Khedia, Through its Proprietor Kailash Kumar Khedia, S/o Late Chunnilal Khedia, Aged about 59 years, R/o Ring Road, Post Office Manendragarh, Tehsil Manendragarh (C.G.), Civil & Revenue District Koriya (C.G.), PIN 497 442, Police Station Manendragarh, Koriya 18. Tarun Coal Sales, Through its Proprietor Tarun Khedia, S/o Shri Kailash Kumar Khedia, Aged about 35 years, R/o Ring Road, Post Office Manendragarh, Tehsil Manendragarh (C.G.), Civil & Revenue District Koriya (C.G.), PIN 497 442, Police Station Manendragarh, Koriya, PIN 497 442 19. Goel Coal Sizing Private Limited, Through Its Director Arun Kumar Goel, S/o Shri Deendayal Goel, Aged about 36 years, R/o C-203, Ashoka Ratan, Khamardih, Shankar Nagar, Tehsil Raipur (C.G.), Civil & Revenue District Raipur (C.G.), Police Station Mova (C.G.), PIN 492 007 20. Indermani Minerals India Private Limited, Through its Director Sunil Kumar Agrawal, S/o Shri M. L. Agrawal, Aged about 43 years, R/o Tower C-1, Aishwarya Residency, GE Road, Telibandha, Raipur (C.G.), Civil & Revenue District Raipur (C.G.), Police Station Telibandha (C.G.), PIN 492 001 21. M/s Ambika Traders, Through its Proprietor Shubham Agrawal, S/o Kailash Chandra Agrawal, Aged about 25 years, R/o H-2/3, Narmada Nagar, Bilaspur (C.G.), Civil & Revenue District Bilaspur (C.G.), Police Station Civil Lines, Bilaspur (C.G.), PIN 495 001 22. Ambika Tradelink, Through its Proprietor Kailash Chandra Agrawal, S/o Shri Jagdish Prasad Agrawal, Aged about 55 years, R/o H-2/3, Narmada Nagar, Bilaspur (C.G.), Civil & Revenue District Bilaspur (C.G.), Police Station Civil Lines, Bilaspur (C.G.), PIN 495 001 23. Agrawal Trading Company, Through its Partner Anup Agrawal, S/o Late Pawan Kumar Agrawal, Aged about 25 years, R/o Opposite Sapna Talkies, Nandani Road, Power House, Bhilai, Civil & Revenue District Durg (C.G.), PIN 490 011, Police Station Chaooni Thana, Bhilai (C.G.) 24. Maa Ambe Enterprises, Through its Proprietor Tripti Jain, D/o Shri Dhanpat Rai Agrawal, Aged about 37 years, R/o Shop No.A4, First Floor, Meghdoot Complex, MG Road, Raipur (C.G.), Civil & Revenue District Raipur (C.G.), Police Station Modhapara, Raipur (C.G.), PIN 492 001 ---- Petitioners Versus 1. Union of India, Through Secretary, Ministry of Mines, Government of India, Shastri Bhawan, Dr. Rajendra Prasad Road, New Delhi, PIN 110 001 2. Union of India, Through Secretary, Ministry of Coal, Government of 18 India, Shastri Bhawan, Dr. Rajendra Prasad Road, New Delhi, PIN 110 001 3. South Eastern Coalfields Limited, Through General Manager (Sales & Marketing), Post Office SECL, Seepat Road, Civil & Revenue District Bilaspur (C.G.), Police Station Sarkanda Thana, Bilaspur, PIN 495 006 4. The State of Chhattisgarh, Through Secretary, Minerals Resources Department, Government of Chhattisgarh, Mahanadi Bhavan, Mantralaya, Naya Raipur, Civil & Revenue District Raipur (C.G.), PIN 492 002 ---- Respondents WPC No.2291 of 2015 1. Agarwal Coal Corporation Private Limited, Regd. Office “Matra Kripa”, 2, Chameli Park, Near Goyal Nagar, Ring Road, Indore (M.P.), Local Office Green Park Colony, Jarhabhata, Bilaspur (C.G.), Through its authorized signatory Shri Pradeep Namdev, Senior Manager, Bilaspur, S/o Late Shri Durga Prasad Namdev, Aged about 55 years, R/o Green Park Colony, Jarhabhata, Bilaspur (C.G.) 2. Agarwal Fuel Corporation Private Limited, Regd. Office “Agarwal House”, 2nd Floor, 5, Yeshwant Colony, Indore (M.P.), Local Office Green Park Colony, Jarhabhata, Bilaspur (C.G.), Through its authorized signatory Shri Pradeep Namdev, Senior Manager, Bilaspur, S/o Late Shri Durga Prasad Namdev, Aged about 55 years, R/o Green Park Colony, Jarhabhata, Bilaspur (C.G.) 3. Hind Unitrade Private Limited, In front of Maya Lodge, Old Bus Stand, Bramha Road, Ambikapur, District Surguja (C.G.), Through its Director Shri Sanjay Mittal, S/o Shri Satyanarayan Mittal, Aged about 44 years, R/o In front of Maya Lodge, Old Bus Stand, Bramha Road, Ambikapur, District Surguja (C.G.) 4. Hind Energy and Coal Benefication (India) Limited, Corporate Office Hind House, Shri Sai Parisar Commercial Complex, Shrikant Verma Marg, Bilaspur (C.G.), Through its Whole Time Director Pawan Kumar Agarwal, S/o Late Shri Sedhuram Agrawal, Aged about 53 years, R/o Seven Hills, Kranti Nagar, Bilaspur (C.G.) 5. Agrawal Sales Corporation, Shop No.9, Ground Floor, Mittal Complex, Telghani Naka, Ramsagar Para, Raipur (C.G.), Through its Partner Shri Mukesh Kumar Jain, S/o Shri Attar Chand Jain, Aged about 37 years, R/o Shop No.9, Ground Floor, Mittal Complex, Telghani Naka, Ramsagar Para, Raipur (C.G.) 6. Jain Traders, Main Road, Saraipali, District Mahasamund (C.G.), Through its Proprietor Shri Sunil Kumar Jain, S/o Shri Attar Chand Jain, Aged about 39 years, R/o Main Road, Saraipali, District Mahasamund (C.G.) 19 7. Pawansut Infraventures Private Limited, Dhimrapur Chowk, Bye- pass Road, Near Friends Colony, Raigarh (C.G.), Through its Director Shri Manoj Bansal, S/o Late Shri Bajranglal Bansal, Aged about 41 years, R/o Dhimrapur Chowk, Bye-pass Road, Near Friends Colony, Raigarh (C.G.) 8. K.C. Energy Sources, House No.D-140, Sector 4, Devendra Nagar, Raipur (C.G.), Through its Proprietor Shri Vineet Agarwal, S/o Late Shri Khemchand Agarwal, Aged about 28 years, R/o House No.D- 140, Sector 4, Devendra Nagar, Raipur (C.G.) 9. Indus Udyog and Infrastructure Private Limited, 2nd Floor, 106, Stadium Road, T.P. Nagar, Korba (C.G.), Through its Director Nitesh Kumar Agrawal, S/o Shri Raj Kumar Agrawal, Aged about 31 years, R/o 2nd Floor, 106, Stadium Road, T.P. Nagar, Korba (C.G.) ---- Petitioners Versus 1. Union of India, Through the Secretary, Ministry of Coal, A-Wing, Shastri Bhawan, Dr. Rajendra Prasad Road, New Delhi - 110 001. 2. South Eastern Coalfields Limited, Seepat Road, P.O. SECL, Bilaspur (C.G.), Through its General Manager (Sales and Marketing) / Head of the Department, SECL, Bilaspur (C.G.) 3. State of Chhattisgarh, Through the Secretary, Department of Mines and Mineral Development, Mantralaya, Mahanadi Bhawan, Naya Raipur (C.G.) ---- Respondents WPC No.2850 of 2016 1. M/s. Jai Durga Multi-Trade Pvt. Ltd., Old Bus Stand, Nepal Lodge Gali, Ambikapur, Surguja (C.G.), Through its Director Bijendra Kumar Gupta, S/o Late Shri Munshi Prasad Gupta, Aged about 55 years, R/o Old Bus Stand, Nepal Lodge Gali, Ambikapur, Surguja (C.G.) 2. M/s. Khemka Holdings Pvt. Ltd., Old Bus Stand, Nepal Lodge Gali, Ambikapur, Surguja (C.G.), Through its Director Bijendra Kumar Gupta, S/o Late Shri Munshi Prasad Gupta, Aged about 55 years, R/o Old Bus Stand, Nepal Lodge Gali, Ambikapur, Surguja (C.G.) 3. Reliable Sponge Pvt. Ltd., C/o Dua & Dua, Bisra Road, Rourkela, Distt. Sundargarh (Odisha), Through its Director Rajendra Kumar Dua, S/o Shri A.L. Dua, Aged about 61 years, R/o H-16, Civil Township, Rourkela, Distt. Sundargarh (Odisha) ---- Petitioners Versus 1. Union of India, Through the Secretary, Ministry of Coal, A-Wing, 20 Shastri Bhawan, Dr. Rajendra Prasad Road, New Delhi - 110001 2. South Eastern Coalfields Limited, Seepat Road, PO SECL, Bilaspur (C.G.), Through its General Manager (Sales and Marketing) / Head of the Department, SECL, Bilaspur (C.G.) 3. State of Chhattisgarh, Through the Secretary, Department of Mines and Mineral Development, Mantralaya, Mahanadi Bhawan, Naya Raipur (C.G.) ---- Respondents WPC No.3039 of 2016 1. Real Ispat & Power Ltd., Urla Bendri Road, Village Borjhara, Raipur, Distt. Raipur (C.G.) 2. Shivalay Ispat & Power Pvt. Ltd., Guma Urla Road, Village Kara, Raipur, Distt. Raipur (C.G.) 3. API Ispat & Powertech (P) Ltd., Near Industrial Growth Centre, Phase Il, Siltara, Raipur, Distt. Raipur (C.G.) All the three petitioners are represented through Mr. Ritesh Jindal who is a Director in the Petitioner No. 1 & 2 and Vice President of the Petitioner No. 3. All through Mr. Ritesh Jindal, Aged about 38 years, S/o Shri Kuldeep Chand Agrawal, R/o B-103/104, CG Heights, Opp. Kalyan Gas Godown, Mowa, P.S. Pandri, Raipur, Distt. Raipur (C.G.) ---- Petitioners Versus 1. Union of India, Through the Secretary, Ministry of Coal, A-Wing, Shastri Bhawan, Dr. Rajendra Prasad Road, New Delhi 110 001. 2. South Eastern Coalfields Limited, Seepat Road, PO SECL, Bilaspur (C.G.), Through its General Manager (Sales and Marketing) / Head of the Department, SECL, Bilaspur (C.G.) 3. State of Chhattisgarh, Through the Secretary, Department of Mines and Mineral Development, Mantralaya, Mahanadi Bhawan, Naya Raipur (C.G.) ---- Respondents WPC No.3177 of 2016 Prakash Industries Ltd., Hathneora, Tehsil Champa, Distt. Janjgir- Champa (C.G.), Through Mr. Arun Kumar Singh, Aged about 50 years, S/o Late Shri Shiv Dayal Singh, Senior General Manager (Corporate Affairs), R/o 15, VIP City, Rajiv Vihar, Seepat Road, Bilaspur, District Bilaspur (C.G.) ---- Petitioner 21 Versus 1. Union of India, Through the Secretary, Ministry of Coal, A-Wing, Shastri Bhawan, Dr. Rajendra Prasad Road, New Delhi 110 001. 2. South Eastern Coalfields Limited, Seepat Road, PO SECL, Bilaspur (C.G.), Through its General Manager (Sales and Marketing) / Head of the Department, SECL, Bilaspur (C.G.) 3. State of Chhattisgarh, Through the Secretary, Department of Mines and Mineral Development, Mantralaya, Mahanadi Bhawan, Naya Raipur (C.G.) ---- Respondents WPC No.3251 of 2016 Maa Sharda Coke Manufacturing Company (Pvt.) Ltd., Udyog Giri, Industrial Area, P.O. Purena, District Panna (M.P.), Through Mr. Rakesh Kumar Das, Aged about 42 years, S/o Shri R.L. Das, Director of the Petitioner Company, R/o House No. 5, Mitra Vihar Colony, Katni, District Katni (M.P.) ---- Petitioner Versus 1. Union of India, Through the Secretary, Ministry of Coal, A-Wing, Shastri Bhawan, Dr. Rajendra Prasad Road, New Delhi 110 001. 2. South Eastern Coalfields Limited, Seepat Road, PO SECL, Bilaspur (C.G.), Through its General Manager (Sales and Marketing)/ Head of the Department, SECL, Bilaspur (C.G.) 3. State of Chhattisgarh, Through the Secretary, Department of Mines and Mineral Development, Mantralaya, Mahanadi Bhawan, Naya Raipur (C.G.) ---- Respondents AND WPC No.2 of 2017 Drolia Electrosteels (P) Ltd., B-9, Anupam Nagar, Raipur (C.G.), Through Mr. Prem Shankar Dubey, Aged about 45 years, S/o Late Jamuna Prasad Dubey, Liaisoning Officer of the Petitioner Company, R/o E- 2/9, Sector- 2, Udaya Society, Tatibandh, Raipur, Distt. Raipur (C.G.) ---- Petitioner Versus 1. Union of India, Through the Secretary, Ministry of Coal, A-Wing, Shastri Bhawan, Dr. Rajendra Prasad Road, New Delhi 110 001. 2. South Eastern Coalfields Limited, Seepat Road, PO SECL, 22 Bilaspur (C.G.), Through its General Manager (Sales and Marketing)/ Head of the Department, SECL, Bilaspur (C.G.) 3. State of Chhattisgarh, Through the Secretary, Department of Mines and Mineral Development, Mantralaya, Mahanadi Bhawan, Naya Raipur (C.G.) ---- Respondents For Petitioners: Mr. Sumesh Bajaj, Dr. Saurabh Kumar Pande, Mr. Jitendra Shrivastava, Ms. Priyanka Mehta, Mr. Himanshu Sinha, Mr. Neeraj Pradhan on behalf of Mr. Rajnish Singh Baghel, Mr. Durgesh Goyal on behalf of Mr. S.C. Verma and Mr. Amrito Das, Advocates. For Respondent No.1 / Union of India: - Mr. B. Gopa Kumar, Assistant Solicitor General. For Respondent No.2 / SECL: - Mr. Shailendra Shukla, Mr. Vaibhav Shukla and Mrs. Astha Shukla, Advocates. For Respondent No.3 / State: - Mr. Shashank Thakur, Govt. Advocate. Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 24/10/2017 1. In this batch of writ petitions, the question involved relates to establishment of the District Mineral Foundation (DMF) under the Mines and Minerals (Development and Regulation) Act, 1957 and the contribution required to be made to the District Mineral Foundation by the holder of a mining lease or a prospecting license-cum-mining lease in addition to the payment of royalty. 2. Learned counsel appearing for the petitioners and Mr. B. Gopa Kumar, learned Assistant Solicitor General appearing for the Union of India, would submit that the issue raised in this batch of writ petitions has been authoritatively decided by the Supreme Court in Transferred Case (Civil) No.43/2016 (Federation of Indian Mineral Industries & ors. v. Union of India & Anr.) on 13-10- 23 2017. 3. I have heard learned counsel for the parties at some length. 4. In the aforesaid case Federation of Indian Mineral Industries (supra), the Supreme Court has held as under: - “46. Having considered the issues raised by the petitioners and by the learned Additional Solicitor General in different perspectives, we hold: (i) Merely because the DMFs have been established or are deemed to have been established from a date prior to the issuance of the relevant notifications does not make their operation retrospective. (ii) In any event, the establishment of the DMFs (assuming the establishment is retrospective) from 12th January, 2015 does not prejudicially affect any holder of a mining lease or a prospecting licence-cum-mining lease. (iii) In view of the failure of the Central Government to prescribe the rate on 12th January, 2015 at which contributions are required to be made to the DMF, the contributions to the DMF cannot be insisted upon with effect from 12th January, 2015. Fixing the maximum rate of contribution to the DMF is insufficient compliance with the law laid down by the Constitution Bench in Commissioner of Income Tax (Central) – I v. Vatika Township Private Limited1. (iv) Contributions to the DMF are required to be made by the holder of a mining lease or a prospecting licence- cum-mining lease in the case of minerals other than coal, lignite and sand for stowing with effect from 17th September, 2015 when the rates were prescribed by the Central Government. (v) Contributions to the DMF are required to be made by the holder of a mining lease or a prospecting licence-cum-mining lease in the case of coal, lignite and sand for stowing with effect from 20th October, 2015 when the rates were prescribed by the Central Government or with effect from the date on which the DMF was established by the State Government by a notification, whichever is later. (vi) The notification dated 31st August, 2016 issued by the Central Government is invalid and is struck down being ultra vires the rule making power of the Central Government under the MMDR Act. 47. We fervently hope the State Governments recognize their responsibilities and utilize the contributions to the District Mineral Funds quickly and for the object for which they have been established, 1 (2015) 1 SCC 1 24 particularly since the amounts involved are huge. 48. We grant time till 31st December, 2017 to those holders of a mining lease or a prospecting licence-cum- mining lease who have not made the full contribution to the District Mineral Funds to pay the contribution, failing which they will be liable to make the contribution with interest at 15% per annum from the due date. We also make it clear that in the event any holder of a mining lease or a prospecting licence-cum-mining lease has mistakenly made contributions to the District Mineral Fund from a date prior to the date that we have determined, such a holder of a mining lease or a prospecting licence-cum-mining lease shall not be entitled to any refund but may adjust the contribution against future contributions, without the benefit of any interest.” 5. A careful perusal would show that contributions to the DMF are required to made by the holder of a mining lease or a prospecting license-cum-mining lease in the case of coal, lignite and sand for stowing and it will be with effect from 20th of October, 2015 when the rates were prescribed by the Central Government or with effect from the date on which the DMF was established by the State Government by a notification, whichever is later. 6. Mr. Shashank Thakur, learned State counsel, would submit that the DMF was established by the State Government in Chhattisgarh by a notification which was issued on 22-12-2015, therefore contributions will be payable by the petitioners with effect from 22- 12-2015. 7. In view of the above, the writ petitions stand finally disposed of in terms of paragraphs 46, 47 and 48 of the judgment of the Supreme Court in Federation of Indian Mineral Industries (supra) and contributions will be payable by the petitioners with effect from 22- 12-2015. No order as to cost(s). 25 W.P.(C)No.2316/2016 8. Mr. Sumesh Bajaj, learned counsel appearing for the petitioner, submits that in this case the mineral involved is minor mineral stone / gitti for which contribution is payable, therefore, the contribution is payable from 23-3-2016, as the Chhattisgarh Minor Mineral Rules, 2015 were amended. 9. Mr. Shashank Thakur, learned State counsel, submits that so far as this minor mineral stone / gitti is concerned, contribution will be payable from 23-3-2016. 10. The statement is taken on record and it is ordered accordingly. Sd/- (Sanjay K. Agrawal) Judge Soma "