HC seeks Centre's reply on JSPL's plea

The Delhi High Court today sought the Centre's response on a plea by Jindal Steel and Power Ltd (JSPL) challenging a single judge order dismissing its petition seeking to retain 298.913 hectares of land of a Chhattisgarh coal block for dumping fly ash generated at its captive power plant there.
The coal block in Chhattisgarh, which was earlier allotted to JSPL, was later cancelled by the Supreme Court in 2014.
A bench of Chief Justice G Rohini and Justice Sangita Dhingra Sehgal issued notice to the Centre and asked it to file response on JSPL's appeal by February 20, the next date of hearing.

At the outset of the hearing, the bench observed that the matter "needs consideration" and it will hear the matter after a week.
Senior advocate Kapil Sibal, who was representing JSPL, told the bench that the matter should be heard as soon as possible.
During the brief hearing, the Centre contended before the court that the company cannot dump fly ash generated at the Dongamahua Captive Power Plant (DCPP) at Raigarh at the site.

To this, the bench said, "If they (JSPL) don't succeed (in the appeal), consequences will follow."
The division bench also said that the interim order passed by the single judge on April 13, 2015 in the matter would continue till further order.

A single judge of the high court had on January 24
dismissed the plea of the firm, saying once the apex court has cancelled the allotment of the coal block, including the 298.913 hectares in favour of JSPL, it has no right on the land which stood transferred to the Centre or a company owned by it.
The court in its verdict had 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 the South Eastern Coalfields Ltd (SECL) -- the designated custodian of the block -- rejecting the company's request to retain the 298 hectares.

It has also imposed Rs one lakh cost on JSPL to be paid to Coal India Ltd (CIL).
The high court had ruled that dumping of fly ash generated at the 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 single judge had noted that JSPL benefited 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," the single judge had said in its verdict.

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