Ms. Ekta Gupta, Mr. Gurumeet Singh Bagga, Mr. Shubhrna & Ms. Shamila Khan, Advs v. UNION OF INDIA ANR

$~80 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 17722/2025&CM APPL. 73162/2025 (interim relief) JINDAL STEEL LIMITED .....Petitioner Through: Mr. Gopal Jain, Sr. Adv. with Ms. Gauri Rasgotra, Ms. Priyashree Sharma, Mr. Shivansh Agarwal, Ms. Richa Bhargava, Ms. Ekta Gupta, Mr. Gurumeet Singh Bagga, Mr. Shubhrna & Ms. Shamila Khan, Advs. versus UNION OF INDIA & ANR. .....Respondents Through: Ms. Nidhi Raman, CGSC with Mr. Akash Mishra, Adv. alongwith Mr. Arun Mittal, GP for R-1. CORAM: HON’BLE MR. JUSTICE AMIT SHARMA O R D E R % 24.11.2025 1. This hearing has been done through hybrid mode. 2. The present petition under Article 226 of the Constitution of India, 1950, seeks the following prayers:- <a) Pass an order restraining the Respondent No. 1 from giving effect to, acting upon, or taking any coercive steps pursuant to the Final Compensation Order dated 17.11.2025, including any demand, recovery, adjustment, invocation of any covenant, or initiation of any consequential proceedings till final adjudication by the Tribunal constituted under Coal Bearing Areas (Acquisitions and Development) Act, 1957; b) Pass an order or direction to the Tribunal under Section 27 of the CMSP Act, to adjudicate the matter within 90 days This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/11/2025 at 12:08:29 And in the alternative, in case this Hon’ble Court is inclined to hear the present Petition on merits then this Hon’ble Court may be pleased to: c) Issue a writ of certiorari or any other appropriate writ, order or direction quashing the Final Compensation Order dated 17.11.2025 issued by the Nominated Authority directing the Petitioner to deposit INR 24,80,90,648.37 in respect of the Utkal-B2 coal mine; d) Issue a writ of mandamus or any other appropriate writ, order or direction, directing Respondent No. 1 to recompute compensation strictly in accordance with the CMSP Act, 2015, after granting the Petitioner a reasonable opportunity of hearing and by considering only such land and mine infrastructure that forms part of the vested coal block as per the Tender Document, the Vesting Order annexures, and the notified KML boundary files; e) Pass such other and further orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case. FOR THIS ACT OF KINDNESS, THE PETITIONER AS IN DUTY BOUNDSHALLEVERPRAY.= 3. Vide Final Compensation Order-II dated 17.11.2025, the Nominated Authority/respondent No.1 has passed the following directions:- <11. It is important to note that M/s Jindal Steel & Power Limited (JSPL), the successful allottee, has deposited a total of ₹16,59,90,851/- as part of the fixed cost for Utkal Bl & B2 coal mines, which includes ₹9,56,084/- towards CMPDIL expenses. Further, an amount of ₹5,05,58,188/- has already been sanctioned on 07.02.2025 towards the cost of Geological Reports (GR) and Cost of Consents (CC). Accordingly, the balance available as part of the fixed cost with the Office of the Nominated Authority stands at ₹1l,44,76,579/-. However, since the total compensation payable to M/s Mivaan Steels Limited for Leasehold IDCO Land has been determined at ₹36,25,67,227.37, there remains a differential amount of ₹24,80,90,648.37, which is required to fully settle the compensation for land payable to the prior allottee. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/11/2025 at 12:08:29

12. Accordingly, M/s Jindal Steel & Power Limited (JSPL) is directed to deposit the incremental fixed cost of ₹24,80,90,648.37 (Rupees Twenty-Four Crore Eighty Lakh Ninety Thousand Six Hundred Forty-Eight and Paise Thirty-Seven only) in the designated account of the Ministry of Coal within seven (7) days from the date of receipt of this order, in accordance with Clause 3.l(d) of the Coal Mine Development and Production Agreement (CMDPA) dated 17.08.2022 executed between M/s JSPL and the Nominated Authority. 13. In accordance to Section 27 of the Act and the judgment dated March 09, 2017, prior allottee, M/s Mivaan Steels Limited (Formerly M/s JSW Steel Limited), as well as the successful allottee, M/s Jindal Steel & Power Limited (JSPL), have the option to raise disputes regarding the compensation amount before the Tribunal constituted under the Coal Bearing Area (Acquisition and Development) Act, 1957.= 4. Learned Senior Counsel appearing on behalf of the petitioner draws the attention of this Court to an order dated 21.08.2024 in W.P.(C) 11398/2024 as well as judgment dated 28.03.2024 in W.P.(C) 4621/2024 (2024: DHC: 2468), passed by learned Coordinate Benches of this Court, wherein, in similar circumstances, the Court had given the petitioners therein opportunity to approach the learned Tribunal while restraining the respondents therein to give effect to the impugned orders in the said petitions. Learned Senior Counsel further submits that the said learned Tribunal is not working full time, and therefore, the present petition has been filed for limited relief before this Court. 5. Issue notice. 6. Learned counsel for respondent No.1/UOI accepts notice and raises objection of maintainability of the present petition with regard to its territorial jurisdiction. 7. In view of the submissions made by learned Senior Counsel for the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/11/2025 at 12:08:29 petitioner, the present petition is disposed of with direction that the petitioner will approach the appropriate Tribunal under Section 27 of the Coal Mines (Special Provisions) Act, 2015 within a period of 7 days from today. 8. It is further directed, till the time, petitioner exercises its remedy before the said Tribunal as permissible in law within a period of 7 days, the directions contained in paragraph 12 of the impugned Final Compensation Order-II dated 17.11.2025 will be deferred. 9. It is made clear that the present order will be in operation till the time, petitioner approaches the concerned Tribunal within the aforesaid period. Thereafter, the Tribunal will be at liberty to decide the application seeking interim relief in accordance with law. 10. It is clarified that this Court has not examined the merits of the case, all the rights and contentions of the parties are left open. 11. The petitioner will be at liberty to raise all its grievances as averred in the present petition before the concerned learned Tribunal. 12. Order be uploaded on the website of this Court, forthwith. AMIT SHARMA, J NOVEMBER 24, 2025/nk/ns