2007 (4) TMI 783 - HC - Indian Laws

Summary

Issues Involved:
1. Maintainability of the writ petitions as Public Interest Litigation (PIL) in light of the Supreme Court's judgment in T.N. Godavarman Thirumulpad v. Union of India and Ors.
2. Procedural impropriety in the allotment of land to M/s. Maruti Clean Coal and Power Ltd.
3. Environmental impact and pollution concerns due to the coal washery project.
4. Ownership and jurisdictional issues regarding the land in question.

Summary:

1. Maintainability of the Writ Petitions as PIL:
The Full Bench was constituted to address whether the writ petitions should be dismissed in limine based on the Supreme Court's order in T.N. Godavarman Thirumulpad v. Union of India and Ors. dated 10th April 2006. The Full Bench concluded that the Supreme Court's order did not adjudicate on the bona fides or credentials of the petitioners in these writ petitions, nor did it express any opinion on other aspects except that the land in question is not forest land. Therefore, the writ petitions are not liable to be dismissed in limine without examining the merits of the cases.

2. Procedural Impropriety in Land Allotment:
The writ petitions questioned the allotment of land to M/s. Maruti Clean Coal and Power Ltd. on the grounds of procedural impropriety and violation of mandatory provisions. The petitioners argued that the lease was granted without the necessary permissions and in disregard of established rules and procedures. The Full Bench noted that the Supreme Court had not commented on the procedural aspects of the land allotment in its judgment.

3. Environmental Impact and Pollution Concerns:
The petitioners raised concerns about the environmental impact and increased pollution due to the coal washery project. They argued that the project would adversely affect the environment and the health of the residents in the area. The Full Bench did not delve into these issues as the reference was limited to the maintainability of the writ petitions as PIL.

4. Ownership and Jurisdictional Issues:
The petitioners contended that the land in question belonged to South Eastern Coal Fields Limited (S.E.C.L.) and that the State Government was not competent to lease the land without prior permission from the Central Government. The Full Bench acknowledged that a suit regarding the title of the land was already pending in the Civil Court at Katghora. The Supreme Court had also noted that the title dispute was not an issue before it in the Godavarman case.

Conclusion:
The Full Bench answered the reference in the negative, stating that the writ petitions are not liable to be dismissed in limine based on the Supreme Court's order in the Godavarman case. The matters were directed to be placed before the Chief Justice for further proceedings in accordance with the Supreme Court's order dated 2-2-2007.