M/s Tenughat Vidyut Nigam Limited, Ranchi v. Union of India
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Provisions considered
Judgment
----- CORAM HON’BLE MR. JUSTICE RAJESH SHANKAR ----- Mr. Ajit Kumar, Sr. Adv. Mr. Anil Kumar, Addl. S.G.I ----- For the Petitioner: For the Respondents: 04/11.10.2022 Though the present writ petition has been filed for directing the respondents to return amount of the Bank Guarantee invoked/appropriated to the extent of Rs.148,50,00,000/- (Rupees 148 Crore and 50 Lac) vide letter dated 13.06.2022 (Annexure-21 to the writ petition), yet it appears that Coal Bearing Case No. 04/2022 filed by the petitioner under Section 27 of the Coal Mines (Special Provisions) Act, 2015 [hereinafter referred to as ‘the Act, 2015’] read with Section 14 of the Coal Bearing Areas (Acquisition and Development) Act, 1957 is still pending before the Coal Bearing Tribunal i.e. the Court of Shri Dinesh Rai, Presiding Officer, Coal Bearing Tribunal-cum-Additional Judicial Commissioner, Ranchi. Mr. Ajit Kumar, learned Sr. counsel for the petitioner, submits that though the aforesaid case was filed by the petitioner on 15.06.2022, however, the same has not yet been disposed of by the said Tribunal/Court despite the mandate of Section 27(3) of the Act, 2015 to make the award within 90 days of institution of the case.
Mr. Anil Kumar, Addl. S.G.I appearing on behalf of the respondents, submits that since the learned Tribunal had to decide few interim applications preferred by the petitioner, the same might have delayed the disposal of the aforesaid case within the prescribed period. It is also submitted that at present the District Courts in the State of Jharkhand have been observing annual vacation and normal functioning of the Courts will rØsumØ w.e.f. 01.11.2022. Having heard learned Sr. counsel for the petitioner as well as learned Addl. S.G.I appearing on behalf of the respondents and also keeping in view the provision of Section 27(3) of the Act, 2015, which mandates that the Tribunal, after hearing the parties to the dispute, shall make an award in writing within a period of 90 days from the date of institution or reference of the dispute, instead of entertaining the aforesaid prayer of the petitioner, the Coal Bearing Tribunal, Ranchi is directed to expedite the hearing of Coal Bearing Case No.
04/2022 after the annual vacation and to make all possible endeavours to dispose of the same without any undue delay. The parties shall co-operate with the learned Tribunal in early disposal of the aforesaid case. The present writ petition is accordingly disposed of with the aforesaid direction. Satish/-
(RAJESH SHANKAR, J)
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