M/S.Bharat Coking Coal Ltd. v. State of Jharkhand And Ors.
Case brief
What is this about?
Coal royalty recovery; coal stock shortage; Bihar and Orissa Public Demand Recovery Act ss. 9 & 10; certificate proceeding; Form-H statement; Coal Bearing Area (Acquisition and Development) Act s.18A; BCCL / CCL / ECL vs State of Jharkhand; remand/relegation to Certificate Officer; Apex Court Civil Appeal No.9397 of 2001 (25.09.2003) and No.2535 of 2006 (stay 03.04.2007), No.5908 of 2004 (10.12.2014); disputed questions of fact; concession by counsel; Jharkhand High Court Division Bench; L.P.A and W.P.(C)/C.W.J.C. batch disposal.
What did the court decide?
All matters disposed of with directions: (i) relegation to the respective Certificate Officers for fresh adjudication on the objections already filed under section 9 of the PDR Act, to be concluded within three months and decided in accordance with law without being prejudiced by this Court's order; (ii) in L.P.A No.77 of 2005, liberty to file objection under section 9 of the PDR Act; (iii) in W.P(C) No.1031 of 2023, liberty to file fresh representation before the appropriate authority/Forum; (iv) pending I.As, if any, disposed of. No merits finding was made on the royalty/stock-shortage demands.