Disposed

M/S. A.N.E. Industries Pvt. Ltd. v. North Eastern Coalfields and 5 Ors.

Gauhati HC12 Mar 2021I.A.(Civil)/582/2021

Case brief

AI extract

What is this about?

The single-judge bench corrected a clerical error in an interim order disposing of a writ petition concerning coal mining resumption. The court exercised Section 152 jurisdiction to change the wording from 'an appropriate site' to 'any suitable site'.

What did the court decide?

Correction of the word 'an appropriate site' to 'any suitable site' in the order dated 17.02.2021.

M/S. A.N.E. Industries Pvt. Ltd. Vs North Eastern… — Company and Corporate | Gauhati HC (2021)

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GAHC010044072021

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : I.A.(Civil)/582/2021

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M/S. A.N.E. INDUSTRIES PVT. LTD.

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(A COMPANY REGD. UNDER THE COMPANIES ACT, 1956) REP. BY ITS GENERAL MANAGER SRI BALBIR SINGH, HAVING ITS REGD. OFFICE AT CHANDIGARH ROAD, NAWAN SHAHAR, PUNJUB, PIN- 144514 AND LOCAL OFFICE AT TIKAK COLLIERY, LEDO, DIST. TINSUKIA, ASSAM, PIN- 786182

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VERSUS

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NORTH EASTERN COALFIELDS AND 5 ORS. (A UNIT OF COAL INDIA LTD.) REP. BY ITS GENERAL MANAGER, HAVING ITS OFFICE AT MARGHERITA, TINSUKIA, ASSAM, PIN- 786181

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2:COAL INDIA LTD. REP. BY ITS CHAIRMAN HAVING ITS H.O. AT COAL BHAWAN PREMISE NO-04 MAR PLOT NO-AF-III ACTION AREA-1A NEWTOWN RAJARHAT KOLKATA- 700156 WEST BENGAL

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3:THE GENERAL MANAGER NORTH EASTERN COALFIELDS HAVING ITS OFFICE AT TIKAK COLLIERY LEDO ASSAM PIN- 786182

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4:THE AGENT NORTH EASTERN COALFIELDS

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HAVING ITS OFFICE AT TIKAK COLLIERY LEDO ASSAM PIN- 786182 5:THE UNION OF INDIA REP BY THE SECY. MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE GOVT. OF INDIA INDIRA PARYAVARAN BHAWAN JORBAGH ROAD NEW DELHI- 110003 6:THE STATE OF ASSAM REP. BY THE COMM. AND SECY. DEPTT. OF ENVIRONMENT AND FOREST H-BLOCK 2ND FLOOR JANATA BHAWAN DISPUR GHY-06 ASSA

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Advocate for the Petitioner : MR. C P SHARMA

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Advocate for the Respondent : SC, COAL INDIA

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Linked Case : WP(C)/3582/2020

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M/S. A.N.E. INDUSTRIES PVT. LTD. (A COMPANY REGD. UNDER THE COMPANIES ACT 1956) REP. BY ITS GENERAL MANAGER SRI BALBIR SINGH AGED ABOUT 60 YEARS HAVING ITS REGD. OFFICE AT CHANDIGARH ROAD NAWAN SHAHAR PUNJUB PIN- 144514 AND LOCAL OFFICE AT TIKAK COLLIERY LEDO DIST.- TINSUKIA ASSAM PIN- 786182

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VERSUS

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NORTH EASTERN COALFIELDS AND 5 ORS. (A UNIT OF COAL INDIA LTD.) REP. BY ITS GENERAL MANAGER HAVING ITS OFFICE AT MARGHERITA TINSUKIA ASSAM PIN- 786181 2:COAL INDIA LTD. REP. BY ITS CHAIRMAN HAVING ITS H.O. AT COAL BHAWAN PREMISE NO-04 MAR PLOT NO-AF-III ACTION AREA-1A NEWTOWN RAJARHAT KOLKATA- 700156 WEST BENGAL 3:THE GENERAL MANAGER NORTH EASTERN COALFIELDS HAVING ITS OFFICE AT TIKAK COLLIERY LEDO ASSAM PIN- 786182 4:THE AGENT NORTH EASTERN COALFIELDS HAVING ITS OFFICE AT TIKAK COLLIERY LEDO ASSAM PIN- 786182 5:THE UNION OF INDIA REP BY THE SECY. MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE GOVT. OF INDIA INDIRA PARYAVARAN BHAWAN JORBAGH ROAD NEW DELHI- 110003 6:THE STATE OF ASSAM REP. BY THE COMM. AND SECY. DEPTT. OF ENVIRONMENT AND FOREST H-BLOCK 2ND FLOOR JANATA BHAWAN DISPUR GHY-06

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ASSAM

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-----------Advocate for : MR. A CHAMUAH Advocate for : SC

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COAL INDIA appearing for NORTH EASTERN COALFIELDS AND 5 ORS.

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BEFORE

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THE HON’BLE MR. JUSTICE PRASANTA KUMAR DEKA ORDER

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12.03.2021.

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Heard Mr. A. Chamuah, the learned counsel for the applicant. Also present Mr. M. Z. Ahmed, the learned Senior Counsel assisted by Mr. S. K. Sarma, the learned counsel for the respondent Coal India Ltd.

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This is an application filed by the applicant for correction/modification of the order dated 17.02.2021 passed in W.P.(C)/3582/2020 and the relevant portion of the order which requires alteration is extracted herein below:-

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“3. That in the aforesaid judgment in the last page in the second last Paragraph it is recorded as follows:-

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“In view of the same, and the submission made by the learned counsel for the petitioner, I propose to close this writ petition which I accordingly do by holding that the respondent Coal India Ltd shall hand over an appropriate site whenever the same is available for resumption of the operation of coal mining subject to necessary terms and conditions of the respondent Coal India that may be impugned”.

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On complete perusal of the order dated 17.02.2021, I am satisfied that it requires modification in order to bring out the intent of the court while disposing of the said writ petition and accordingly, by invoking the jurisdiction under Section 152 of the CPC, the corrections are accordingly made as follows:-

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“In view of the same, and the submission made by the learned counsel for the petitioner, I propose to close this writ petition which I accordingly do by holding that the

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respondent Coal India Ltd shall hand over any suitable site whenever the same is available for resumption of the operation of coal mining subject to necessary terms and conditions of the respondent Coal India that may be imposed”.

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This order shall be read along with order dated 17.02.2021 passed in W.P. (C)/3582/2020 by this court.

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With the said corrections, this Interlocutory Application stands disposed of.

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JUDGE

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Comparing Assistant

M/S. A.N.E. Industries Pvt. Ltd. v. North Eastern Coalfields and 5 Ors.

Case brief

What is this about?

What did the court decide?

M/S. A.N.E. Industries Pvt. Ltd. v. North Eastern Coalfields and 5 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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