Eastern Fuels vs B.C.C.L. and Others

S.J. Mukhopadhaya, J.—This application has been preferred by the petitioner to command upon the concerned Respondents to allow the booking of coal as per linkage in view of the fact that if the petitioner is not allowed to lift the coal as per linkage, the linkage may automatically snap w.e.f. 11th September, 2002.

The stand of the petitioner is that the coal company in question cannot withhold supply on the basis of any report of District Industries Centre, Lucknow.

The question of supply of coal to a linked consumer of non core sector fell for consideration before a Bench of this Court in the case of M/s. Maya Fuel Pvt. Ltd. v. B.C.C.L. Ltd., in WP (C) No. 4790 of 2001. This Court vide its judgment dated 14th August, 2002, held that the State authorities have no more jurisdiction to determine the question of supply of coal or its suspension. The assessment for determination of linkage quantity i.e. Maximum Permissible Quantity (MPQ) cannot be made by the State authorities, such as, district Industries Centre, S.I.S.I., and now to be made by the Coal Companies as the supply of coal is depended on various factors such as requirement of coal of a linked consumer, availability of coal with the Coal Companies etc.

The Court further held that the Coal Companies can revise the linkage quantity/MPQ, in cases, such as less availability of coal than the demand, lifting of lesser quantity of coal by linked consumer etc.

In view of aforesaid decision of this Court in Maya Fuel Pvt. Ltd., (supra) the present case is remitted to the competent authority of M/s. B.C.C.L. to determine the question of supply of coal to petitioner as per linkage quantity/MPQ. If there is any doubt relating to genuinity of functioning of the petitioner''s unit, it is open to M/s. B.C.C.L. to make enquiry or to get an enquiry through a competent authority and to take a fresh decision relating to supply of coal/coal linkage/MPQ.

Appropriate decision in respect to supply of coal to petitioner be taken and communicated to petitioner within a month from the date of receipt/production of a copy of this order.

In case of favourable decision, the authority will supply and allow the petitioner to lift coal.

Till final decision is taken in the matter the linkage of the petitioner be not treated to have snapped automatically.

I may mention that the Court has not determined the claim of petitioner on merit.

The writ petition stands disposed of.