HC rejects JSPL plea to retain land for dumping fly ash

Delhi High Court today dismissed Jindal Steel and Power Ltd's plea seeking to retain 298.913 hectares of land of a Chhattisgarh coal block, earlier allotted to it but cancelled by Supreme Court in 2014, for dumping fly ash generated at its captive power plant there.
Justice Rajiv Sahai Endlaw said once the apex court has cancelled the allotment of the coal block, including the 298.913 hectares, in favour of Jindal Steel and Power Ltd (JSPL), it has no rights on the land which stood transferred to the Centre or a company owned by it.
The court in its verdict also rejected JSPL's challenge to the government's order of March 26, 2015, asking it to remove its coal stock from the site by April 8, 2015, and the April 2, 2015 letter of South Eastern Coalfields Ltd (SECL) -- the designated custodian of the block -- rejecting the company's request to retain the 298 hectares.

It also imposed Rs one lakh cost on JSPL to be paid to Coal India Ltd (CIL).
The court ruled that dumping of fly ash generated at the Dongamahua Captive Power Plant (DCPP) at Raigarh at the site on the basis of an interim order, "was in violation of the rights of the respondents (CIL and SECL)".
The judge noted that JSPL benefitted from the dumping as they were not required to dispose of fly ash by some other means.
"The parties have to be restituted. There is however no material before this court to assess the advantage/benefit drawn by the petitioner No.1 JSPL from the interim orders and the loss if any caused to CIL and SECL therefrom.

"Liberty is thus granted to CIL/SECL to, if so desired and have suffered any loss, within three months herefrom, make a claim therefor by way of application and which application, if filed, shall be considered on its own merits," the court said.