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    MINUTES OF THE 24TH MEETING OF THE INTER-MINISTERIALGROUP (IMG) HELD ON 7TH AND 8TH FEBRUARY, 2014 UNDER THECHAIRMANSHIP OF ADDITIONAL SECRETARY (COAL) TOUNDERTAKE REVIEW OF 61 COAL BLOCKS ALLOCATED TOPRIVATE COMPANIES WHICH HAVE NOT COME UNDERPRODUCTION IN THE CONTEXT OF SUBMISSION MADE TO THEHONBLE SUPREME COURT OF INDIA

    A list of participants is at Annex.-I.

    2. At the outset, Additional Secretary (Coal) & Chairman, IMGwelcomed the Members and informed that in this 24th meeting, review of61coal blocks allocated to private companies which had not come underproduction would be undertaken in the context of Statement submittedto the Honble Supreme Court of India by Ld. Attorney General for India(AGI). The allocatees of these 61 coal blocks were issued notice by MoCon 15.01.2014 requiring them to submit explanation with requisitedocuments by 05.02.2014 on the basis of which the review would be

    undertaken.

    3. Elaborating further, he informed that as per the advice of Ld. AGItendered to the Central Government in the context of Writ Petitions/PILsfiled in the Supreme Court challenging allocation, the matter of review of61 coal blocks allocated to private companies in pursuance of therecommendations of Screening Committee and which have not come intoproduction was taken up by the Ministry with the competent authorityand the competent authority thereupon gave following directions:-

    (i) the Ministry of Coal will propose the criteria for dealing with theidentified 61 cases of Coal Blocks allocated to private companies inpursuance of the recommendations of Screening Committee forvetting by the Attorney-General for India.

    (ii) the criteria, as vetted by the Attorney-General for India, will befinalized with the approval of the Minister of Communications andInformation Technology and Minister of Law and Justice, and theMinister of Finance;

    (iii) the Ministry of Coal will, in accordance with the criteria finalizedin the above manner, issue notices to all concerned including theState Governments, the Ministry of Environment and Forests and the

    project proponents to submit their views within three weeks to theMinistry of Coal and, thereafter, based on the response from them,the Inter-Ministerial Group will, make its recommendations and thecompetent authority shall take a final decision in respect of eachcase, within a week;

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    (iv) the Attorney-General for India will apprise the Supreme Courtabout the above proposed course of action. The statement to bemade in this regard by the Attorney-General for India in the SupremeCourt will be finalized by the Attorney-General for India inconsultation with the Minister of Communications and InformationTechnology and Minister of Law and Justice, and the Minister ofFinance; and

    (v) the Ministry of Coal will clarify the legal issues to the concernedState Governments by 14.01.2014.

    3. As per the above decision of the competent authority, theStatement was finalized and Ld. AGI submitted the same to the HonbleSupreme Court on 15.01.2014. Further, Ministry of Coal also issuedadvisory to coal bearing State Governments on the legal issues on14.01.2014.

    4. However, in view of the Honble Supreme Courts observationsduring the hearing on 15.01.2014 as communicated by Ld. AGI, coalbearing State Governments were advised not to act upon on a part ofclarification issued to them relating to grant of statutory approval subjectto outcome of the ongoing case in the Supreme Court and withoutprejudice to the investigation or registration of cases by the CBI.

    5. Now, in this meeting of the IMG, it has to consider the explanationalongwith documents furnished by the coal block allocatees inaccordance with the conditions stipulated in the notice dated 15.01.2014

    issued to them which was based on the Statement submitted before theHonble Supreme Court.

    6. The notice dated 15.01.2014 (Annex.-II) issued to allocateesprescribed the following criteria for review:-

    2. The criteria for review are specified as below:-

    (i) The following coal blocks will be de-allocated:-

    (a)Coal blocks where Environmental Clearance and Forest

    Clearance Stage I (where required) have not been obtained.

    (b)Coal blocks which were unexplored/regionallyexplored/partially explored at the time of allocation, andwhere Prospecting Licence has not been obtained or whereProspecting Licence has been issued but Geological Reportshave not been prepared [despite the lapse of prescribed

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    period of 27 months from the date of allocation as pernormative milestones].

    (ii)Three weeks time will be given to allocatees to obtain the requisiteapprovals and produce documents as proof in support and withina week thereafter a decision for de-allocation will be taken.Further, State Governments concerned and the Ministry ofEnvironment and Forests shall also submit their views within

    three weeks time to this Ministry.

    (iii) Cases where Forest Clearance (FC) Stage II has not beenobtained, will be reviewed and a decision will be taken within sixweeks keeping in mind the guidelines of Ministry of Environment& Forests (MoEF) and after assessing the situation to ascertainwhether such clearance (FC Stage II) will be forthcoming within areasonable time, failing which blocks will be de-allocated. MoEFwill be requested to take an appropriate decision within fourweeks.

    7. Accordingly, the allocatees were asked to furnish documents insupport of obtaining requisite clearances as prescribed in the criteria asin para 6 above by 05.02.2014.

    8. A copy of the notice dated 15.01.2014 was also endorsed toSecretary, Ministry of Environment & Forest (MoEF) as well as Secretary,Ministries of Power & Steel and D/o Industrial Policy & Promotion fortheir comments within three weeks. A copy of the notice was alsoendorsed to Chief Secretaries of coal bearing State Governments viz.

    Odisha, Jharkhand, Chhattisgarh, Madhya Pradesh, Maharashtra andWest Bengal for their comments. The comments received from MoEFwere circulated to IMG members vide MoCs communication dated5/6.02.2014 (Annex.-III). The comments of Ministry of Power dated05.02.2014 were also circulated vide MoCs communication dated07.02.2014 (Annex.-IV). From among the States, only West Bengal hadsent its response vide its letter dated 05.02.2014 which was handed overto members of IMG on the table on 08.02.2014 (Annex.-V).

    9. IMG also noted that allocatees of many coal blocks, whose cases

    were being reviewed, had filed cases in different courts and therefore,recommendations of the IMG would be subject to the outcome of thesecourt cases and the interim order, if any, in respect of blocks beingreviewed in this meeting.

    10. The representative of CMPDI was requested to confirm theexploration status at the time of allocation in the relevant cases whilereviewing them in course of this meeting.

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    11. Concerns were expressed by the representatives of variousMinistries / Departments that block allocates had not been givenopportunity to present their case before the IMG, as was being doneearlier. An opinion was expressed that not giving such an opportunitymight not go along with the principle of natural justice, especially whenthe stakes were high, substantial investments in end-use plant had beenmade, the consideration was for maximum penalty of de-allocation and

    in certain cases where allocatees had specifically requested for personalhearing. Some members were of the view that the statement submittedbefore the Honble Supreme Court should have been circulated to enablethem to appreciate the scheme of review. At this juncture, a copy of thestatement submitted before the Honble Supreme Court by Ld. AGI wasgiven to the members on the table (Annex.-VI).

    12. After going through the Statement submitted to the HonbleSupreme Court, read with the direction of the competent authority asquoted in para 6 above, it was felt that the time line prescribed

    thereunder is non-negotiable and has to be complied with. In any case,a full three weeks time was given to the allocatees to put forth all theircontentions together with documentary proof which would substantiallyform the basis for consideration of their cases. Besides, in the samenotice requiring them to submit their contentions, the criteria for reviewas explained in para 6 above was explicitly mentioned. Therefore, it willbe erroneous to interpret that principles of natural justice have not beencomplied with.

    13. On the basis of the above-said criteria, the coal blocks were

    considered ad seriatim as per the meeting notice and therecommendations of IMG as made after careful consideration of theexplanations / documents and due deliberations thereupon, are givenbelow in respect of each of the block considered:-

    1. CHITARPUR [ALLOCATED TO CORPORATE ISPAT ALLOYSLTD.]

    IMG observed that the allocatee has obtained EC, but FC Stage-Ihas not yet been obtained. Therefore, within the framework of the

    conditions in the Notice given as reproduced in para 6 above, the block isliable for de-allocation.

    IMG further observed that the Ministry of Environment & Forests[MoEF] in their status report has informed Proposal seeking stage-I FCreceived by MOEF on 27.09.2011 without FRA compliance. MoEF on22.02.2013 and reminder dated 17.07.2013 requested the State

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    Government to provide documentary evidence related to FRA. Informationfrom the State Government is awaited.

    IMG also noted that the allocatee has filed W.P. (C) No.7693/2012before the Honble Delhi High Court, inter alia, praying for directing therespondent (UOI) not to deduct / encash the bank guarantee orderedvide MoCs letter dated 17.12.2012 till final decision is taken by therespondent on merits after a personal hearing is given. The Honble

    Court vide order dated 03.01.2013 directed Respondent No.3 (Bank) willnot act on letter dated 17.12.2012 till next date of hearing. However,since the notice dated 15.01.2014 supersedes the earlier notice and thereis no order in respect of the instant notice and even the Courtsobservation on the earlier notice was only with regard to not proceedingwith deduction / encashing the bank guarantee, the review andconsequent action as such is not under challenge.

    Taking all the above facts into consideration, IMG recommendsde-allocation of the block.

    2. MOITRA [ALLOCATED TO JAYASWAL NECO LTD.]

    IMG observed that the allocatee has obtained EC and FC Stage-I.Therefore, within the framework of the conditions in the Notice dated15.01.2014, no action is recommended at present. The IMG maysubsequently consider this case regarding feasibility of obtaining FCStage-II within a reasonable time in terms of para 2 (iii) of the notice asquoted in para 6 above.

    IMG also noted that the MoEF in their status report has informedthat Stage-I FC for diversion of 104.17 hectares of forest land accorded on11.12.2013. Report on satisfactory compliance to conditions stipulated inthe Stage-I FC is awaited.

    IMG also noted that the allocatee has filed W.P. (C) No.7372/2012before the Honble Delhi High Court, inter alia, praying for quashing theorder dated 20.11.2012 directing deduction of bank guarantee submittedby the allocatee. The Honble Court vide order dated 04.01.2013 directedthat till next date of hearing, respondent banks are restrained from

    transmitting the amount reflected in the bank guarantee in issue.

    3-4. KOTRE BASANTPUR & PACHMO [ALLOCATED TO TATA STEELLTD.]

    IMG observed that the allocatee has obtained EC but FC Stage-Ihas not been obtained.

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    IMG further noted that MoEF in their status report has informedthat Proposal seeking Stage-I FC has not been received by the MoEF.

    Thus, in terms of the conditions of the notice, block is liable to bede-allocated.

    IMG, however, noted that the allocatee had submitted a letter dated7th February, 2014 indicating that it had filed a W.P. No. 498 of 2014

    before the Honble Jharkhand High Court, inter-alia, challenging thenotice dated 15.01.2014. It has been reported that Honble High Courthas been pleased to grant four weeks time to the respondents to file theircounter affidavit and thereafter two weeks to the petitioner to file itsrejoinder. The matter has been directed to be listed on 26.03.2014. TheHonble Court has also recorded the assurance of the counsel for theUnion of India that no coercive steps would be taken against thepetitioner till the matter is heard. However, no formal court order hasbeen received. Therefore, a decision may be taken by the Ministry of Coalin this regard including steps for vacation of the court order.

    5. BUNDU [ALLOCATED TO RUNGTA MINES LTD.]

    IMG observed that the allocatee has neither obtained EC nor FCStage-I. IMG further observed that the MoEF in their status report hasinformed Proposal seeking State-I FC has not been received by the MoEF.

    Therefore, within the framework of the conditions in the Noticegiven, the block is liable for de-allocation.

    Taking all the above facts into consideration, IMG recommendsde-allocation of the block.

    6. CHAKLA [ALLOCATED TO ESSAR POWER LTD.]

    IMG observed that the allocatee has neither obtained EC nor FCStage-I and is, therefore, liable for de-allocation. IMG further observedthat the MoEF in their status report has informed that Proposal seekingstage-I FC for diversion of 509.33 hectares of forest land received on 29thJanuary, 2014. Proposal will be placed before the FAC in its meeting

    scheduled to be held on13th 14th

    February 2014.

    Ministry of Power in their written comments has informed that aninvestment of Rs.3257.00 crores has been made in the end-use plant bythe allocatee.

    However, within the framework of the conditions in the Noticegiven, the block is liable for de-allocation.

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    Taking all the above facts into consideration, IMG recommendsde-allocation of the block.

    7. TUBED [ALLOCATED TO HINDALCO INDUSTRIES LTD. & TATAPOWER COMPANY LTD.]

    IMG observed that the allocatee has neither obtained EC nor FC

    Stage-I.

    IMG further observed that the MoEF in their status report hasinformed that FAC after examination of the proposal seeking stage-I FC

    for diversion of 159.064 hectares of forest land, in their meeting held on16th 17th January 2014 recommended that the user agency may berequested to provide complete documents on settlement of rights under theForest Rights Act, 2006. Same have been received by the MoEF. Proposalalong with additional information received from the user agency will be

    placed before the FAC in its next meeting scheduled to be held on 13th

    14th

    February, 2014.

    Ministry of Power in their written comments has informed thatHindalco has made an investment of Rs.27 crores and Tata Power hasmade an investment of Rs.62 crores in their respective end-use plants.

    However, as on cut-off date of 05.02.2014, neither EC nor FCStage-I has been obtained. Under the criteria mentioned in the notice,the block is liable for de-allocation.

    Taking all the above facts into consideration, IMG recommendsde-allocation of the block.

    8. MEDNIRAI [ALLOCATED TO RUNGTA MINES LTD. ANDKOHINOOR STEEL (P) LTD.]

    IMG observed that the allocatee has neither obtained EC nor FCStage-I.

    IMG further observed that the MoEF in their status report has

    informed Proposal seeking State-I FC has not been received by the MoEFand for EC project was rejected on 08.02.2011.

    IMG also noticed that the Mednirai Coal Mining Pvt. Ltd. andKohinoor Steel Pvt. Ltd. has filed W.P. (C) No.1197/2013 before theHonble Jharkhand praying, inter alia, for setting aside letter dated08.02.2011 issued by MOEF rejecting TOR of the petitioner, commandingMOEF to grant necessary clearances and NOC to commence and

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    continuing mining operation and commanding respondents to grant asuitable and/ or similar coal block to the petitioner instead of MedniraiCoal Block. Honble Court has issued notice and granted time to theRespondents to file reply. Since the prayer before the Court itself is foran alternate coal block which is anyway covered by another procedureunder the extant rules and instructions, there seems to be no bar on thereview of the development of this block.

    Under the criteria mentioned in the notice, the block is liable forde-allocation.

    Taking all the above facts into consideration, IMG recommendsde-allocation of the block.

    9. SEREGARHA [ALLOCATED TO ARCELOR MITTAL & GVKPOWER (GOVINDWAL SAHIB) LTD.]

    IMG observed that the coal block was regionally explored at the

    time of allocation. The allocatee had obtained Prospecting License (PL)and prepared Geological Report (GR). Further, it has also submittedMining Plan.

    IMG further observed that the MoEF in their status report hasinformed Proposal seeking State-I FC has not been received by the MoEF.Regarding EC, TOR was granted on 24.05.2013.

    Ministry of Power in their written comments has informed that GVKPower (Govindwal Sahib) Ltd. has made an investment of Rs.3200 crores

    in its end-use plant.

    IMG also noticed that the allocatee has filed W.P. (C) No.7412/2012before the Honble Delhi High Court, inter alia, praying for quashing theorder dated 21.11.2012 directing deduction of bank guarantee submittedby the allocatee. The Honble Court vide order dated 30.11.2012 directedthat if respondent chooses to invoke the bank guarantee, a prior writtennotice of three working days, will be given to the petitioner.

    Under the criteria mentioned in para 2 (i)(b) of the notice, no action

    is recommendedat presentin respect of this block.

    10. MAHUAGARHI [ALLOCATED TO CESC LTD. & JASINFRASTRUCTURE CAPITAL PVT. LTD.]

    The block was regionally explored. PL has been obtained and GRhas been prepared. Therefore, no action is recommended at presentin terms ofthe criteria mentioned in para 2 (i)(b) of the notice.

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    Ministry of Power in their written comments has informed thatCESC and Jas Infrastructure Capital Pvt. Ltd. have made an investmentof Rs.24 crores and Rs.27 crores respectively in their end-use plants.

    IMG further noted that Central Bureau of Investigation (CBI) hasregistered FIR against one of the allocatees (Jas Infrastructure Capital

    Pvt. Ltd.) of this coal block.

    11. GANESHPUR [ALLOCATED TO TATA STEEL LTD. & ADHUNIKPOWER & NATURAL RESOURCES LTD. (EARLIER ADHUNIKTHERMAL ENERGY)]

    IMG observed that the allocatee has obtained EC and FC Stage-I.Therefore, within the framework of the conditions in the Notice dated15.01.2014, no action is recommended at present. The IMG maysubsequently consider this case regarding feasibility of obtaining FC

    Stage-II within a reasonable time in terms of para 2 (iii) of the notice asquoted in para 6 above.

    IMG further observed that the MoEF in their status report hasinformed Stage-I FC for diversion of 168.00 hectares of forest landaccorded on 19.12.2013. Report on compliance to conditions stipulated inStage-I approval is awaited from the State Government.

    Ministry of Power in their written comments has informed that TataSteel Ltd. and Adhunik Power & Natural Resources Ltd. have made an

    investment of Rs.610 crores and Rs.3373 crores respectively in their end-use plants.

    12. RAJHARA NORTH [CENTRAL & EASTERN) (MUKUND LTD. &VINI IRON & STEEL UDYOG LTD.]

    IMG observed that EC has not been obtained yet. Allocatee hasinformed that there is no forest land. Thus, in terms of noticeconditions, the block is liable for de-allocation.

    IMG also noted that Central Bureau of Investigation (CBI) hasregistered FIR against one of the allocatees (Vini Iron & Steel Udyog Ltd.)of this coal block.

    Taking all the above facts into consideration, IMG recommendsde-allocation of the block.

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    13-14. BRINDA & SASAI [ALLOCATED TO ABHIJEETINFRASTRUCTURE PVT. LTD.]

    IMG noted that the allocatee has obtained EC and FC Stage-I.

    IMG further observed that the MoEF in their status report hasinformed Stage-I FC for diversion of 49.07 hectares of forest land locatedin Brinda-Sesai and Meral coal blocks accorded on 11.02.2011. Report on

    satisfactory compliance to conditions stipulated in the StageI FC isawaited.

    Therefore, within the framework of the conditions in the Noticedated 15.01.2014, no action is recommended at present. The IMGmay subsequently consider this case regarding feasibility of obtaining FCStage-II within a reasonable time in terms of para 2 (iii) of the notice asquoted in para 6 above.

    15. MERAL [ALLOCATED TO ABHIJEET INFRASTRUCTURE PVT.

    LTD.]

    IMG noted that the coal block allocatee has obtained EC. Allocateehas informed that no forest land is involved in this block and hasenclosed letter No.J-11015/233/2008-IA.II(M) dated 23.09.2009confirming the same.

    IMG further observed that the MoEF in their status report (forBrinda, Sisai & Meral together) has informed that Stage-I FC fordiversion of 49.07 hectares of forest land located in Brinda-Sesai and

    Meral coal blocks accorded on 11.02.2011. Report on satisfactorycompliance to conditions stipulated in the Stage I FC is awaited.

    Therefore, in terms of the conditions of the notice, no action isrecommended at present.

    16. LOHARI [ALLOCATED TO USHA MARTIN LTD.]

    IMG observed that the allocatee has obtained EC and FC Stage-I.

    IMG further observed that the MoEF in their status report hasinformed Stage-I FC for diversion of 85.30 hectares of forest landaccorded on 3rd April, 2013. Report on satisfactory compliance toconditions stipulated in the Stage-I FC is awaited.

    Therefore, within the framework of the conditions in the Noticedated 15.01.2014, no action is recommended at present. The IMGmay subsequently consider this case regarding feasibility of obtaining FC

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    Stage-II within a reasonable time in terms of para 2 (iii) of the notice asquoted in para 6 above.

    17. DUMRI [ALLOCATED TO NILACHAL IRON & POWER LTD. &BAJRANG ISPAT (P) LTD.]

    IMG noted that the allocatee has obtained EC and FC Stage-I.

    IMG further observed that the MoEF in their status report hasinformed Stage-I FC for diversion of 158.64 hectares of forest landaccorded on 30.03.2012. Report on satisfactory compliance to conditionsstipulated in the Stage-I FC is awaited from the State Government.

    Therefore, within the framework of the conditions in the Noticedated 15.01.2014, no action is recommended at present. The IMGmay subsequently consider this case regarding feasibility of obtaining FCStage-II within a reasonable time in terms of para 2 (iii) of the notice asquoted in para 6 above.

    IMG also noted that the allocatee has filed W.P. (C) No.7054/2012before the Honble Jharkhand High Court, inter alia, praying forquashing the order dated 23.11.2012 directing deduction of bankguarantee submitted by the allocatee. The Honble Court vide orderdated 05.12.2012 directed that until further order, no coercive step shallbe taken against the petitioner pursuant to impugned order (i.e. BGdeduction order).

    18. JITPUR [ALLOCATED TO JINDAL STEEL & POWER LTD.]

    IMG noted that the allocatee has obtained EC and FC Stage-I.

    IMG further observed that the MoEF in their status report hasinformed Stage-I FC for diversion of 139.00 hectares of forest landaccorded on 23.11.2012. Report on satisfactory compliance to conditionsstipulated in the Stage-I FC is awaited.

    Therefore, within the framework of the conditions in the Noticedated 15.01.2014, no action is recommended at present. The IMG

    may subsequently consider this case regarding feasibility of obtaining FCStage-II within a reasonable time in terms of para 2 (iii) of the notice asquoted in para 6 above.

    Ministry of Power in their written comments has informed thatJindal Steel & Power Ltd. have made an investment of Rs.87 crores intheir end-use plant.

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    IMG also noticed that the allocatee has filed W.P. (C) No.7490/2012before the Honble Delhi High Court, inter alia, praying for quashing theorder dated 20.11.2012 directing deduction of bank guarantee submittedby the allocatee. The Honble Court vide order dated 03.12.2012 directedthat till next date of hearing, respondent No. 2 shall not transmit theamounts to the respondent No.1 qua the bank guarantee in issue.

    19. ROHNE [ALLOCATED TO JSW STEEL LTD. & BHUSHAN POWER

    & STEEL LTD.]

    IMG noted that the allocatee has obtained EC and FC Stage-I.

    IMG further observed that the MoEF in their status report hasinformed Stage-I FC for diversion of 778.23 hectares of forest land hasbeen accorded on 25.01.2013 read with letter dated 7.11.2013 and24.01.2014.

    Therefore, within the framework of the conditions in the Notice

    dated 15.01.2014, no action is recommended at present. The IMGmay subsequently consider this case regarding feasibility of obtaining FCStage-II within a reasonable time in terms of para 2 (iii) of the notice asquoted in para 6 above.

    20. PATAL EAST [ALLOCATED TO BHUSHAN POWER & STEELLTD.]

    IMG noted that the coal block was unexplored at the time ofallocation. The allocatee has obtained Prospecting License (PL) from

    Government of Jharkhand and that Geological Report (GR) has beenprepared by MECL vide their letter dated 30.12.2013.

    Under the criteria mentioned in para 2 (i)(b), no action isrecommended at present.

    21. BRAHMADIHA [ALLOCATED TO CASTRON MINING LIMITED]

    IMG observed that this coal block has already been reviewed lasttime by IMG in its 21st meeting held on 06.08.2013 and recommended for

    de-allocation since it had not set up the end use plant which was thebasic condition for the very allocation of coal block. Since then aconsiderable period has elapsed.

    IMG also noted that an FIR has been filed against allocatee by theCBI.

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    IMG further noted that the allocatee has filed W.P. (C)No.4712/2013 before the Honble Jharkhand High Court, inter alia,praying for quashing notice dated 29.07.2013 for appearing before IMGand for directing the MoC to comply with High Court order dated05.11.2012 in W.P. (C) No. 6658 of 2012. The Honble High Court videorder dated 05.08.2013 directed that Petitioners are permitted to appearin 21st meeting of IMG, but without prejudice to their rights andcontentions made in the writ petition.

    It is further noted that the allocatee had earlier filed W.P. (C) No.6658 of 2012 before Honble High Court of Jharkhand which wasdisposed vide order dated 05.11.2012 directing MoC to considerpetitioner's representation dated 15.10.2012 & 17.10.2012 and, ifrequired, give an opportunity of hearing to the petitioner and passappropriate order. Thereafter, the allocatee has filed a Contempt Casealleging that the order dated 05.11.2012 of the Court passed in W.P. (C)No.6658 of 2012 has not been complied with by the MoC.

    This case poses a serious legal dilemma. The basic purpose ofallocation of coal block to private parties under the Coal Mines(Nationalisation) Act is for captive use for its own end use plants in thedefined sector. Private sale of coal is not permitted under the Act. Nowthat the end use plant has not come up, the justification for retaining thecoal block gets extinguished. Hence, the earlier decision for de-allocation is reiteratedas this shall be in pursuance of the letters andspirit of the CMN Act.

    22. TOKISUD NORTH [ALLOCATED TO GVK POWER (GOVINDWAL

    SAHIB) LTD.]

    IMG noted that the coal block allocatee has obtained EC, FC Stage-I& Stage-II. Mining Lease has also been executed.

    IMG further observed that the MoEF in their status report hasinformed Stage-II FC for diversion of 364.27 hectares of forest landaccorded on 28.12.2011.

    Ministry of Power in their written comments has informed that GVK

    Power (Govindwal Sahib) Ltd. has made an investment of Rs.2051.00crores in its end-use plant. It has also been informed by Ministry ofPower that EUP CPP 270 MW and 540 MW Power Plant has beencommissioned and running.

    Under the criteria mentioned in the notice, no action isrecommended at present.

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    23. ASHOK KARKATTA [ALLOCATED TO ESSAR POWER LIMITED]

    IMG noted that this is a regionally explored block and the allocateehas not obtained PL and consequently no exploration has been carriedout.

    IMG further observed that the MoEF in their status report hasinformed Proposal seeking State-I FC has not been received by the MoEF,

    so far.

    Ministry of Power in their written comments has informed thatEssar Power has made an investment of Rs.245 crores in its end-useplant.

    Therefore, within the framework of the conditions in the Noticegiven, the block is liable for de-allocation.

    Taking all the above facts into consideration, IMG recommends

    de-allocation of the block.

    24. MAHAN [ALLOCATED TO ESSAR POWER LIMITED & HINDALCOINDUSTRIES LTD.]

    IMG noted that the allocatee has obtained EC and FC Stage-I.Therefore, within the framework of the conditions in the Notice dated15.01.2014, no action is recommended at present. The IMG maysubsequently consider this case regarding feasibility of obtaining FCStage-II within a reasonable time in terms of para 2 (iii) of the notice as

    quoted in para 6 above.

    IMG further observed that the MoEF in their status report hasinformed Stage-I FC for diversion of 967.65 hectares of forest landaccorded on 30.10.2012. Report on compliance to conditions stipulated inthe State-I FC has been received. The same is under examination of theMoEF.

    Ministry of Power in their written comments has informed thatEssar Power Ltd. and Hindalco Industries have made an investment of

    Rs.7299 crores and 12500 crores in their end-use plants respectively.

    25. BRAHAMPURI [ALLOCATED TO PUSHP STEEL & MINING LTD.]

    IMG noted that FC Stage-I has not been obtained. In terms ofconditions of the notice dated 15.01.2014, the block is liable for de-allocation.

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    IMG further noted that Central Bureau of Investigation (CBI) hasregistered FIR against the allocatee of this coal block.

    IMG also noted that the allocatee has filed W.P. No.16363/2013before Jabalpur High Court, inter alia, praying for directing respondentfor taking decision on PL / ML, for grant of forest clearance and forrestraining respondents from taking any coercive steps against petitioner.

    The Honble High Court vide its order dated 17.01.2014 has directed that

    in the meanwhile, no coercive steps shall be initiated against thepetitioner without leave of this Court.

    However, consequent upon what has been placed before HonbleSupreme Court pursuant whereto it was decided to issue notices asexplained above, earlier show cause notice has since been superseded.

    To this extent, the action on the earlier show cause notice has beenrendered inconsequential. The notice dated 15.01.2014 sets into motiona de novoprocess of looking into this matter under specific submissionmade before Honble Supreme Court to be completed within the

    stipulated time limit.

    IMG therefore recommends for de-allocation of this coal block;however, before issue of order, the case may be examined from the legalangle by the Ministry of Coal.

    26. TANDSI-III & TANDSI-III (EXTN.) [ALLOCATED TO MIDEASTINTEGRATED STEELS LTD.]

    IMG observed that the allocatee has neither obtained EC nor FC

    Stage-I.

    IMG further observed that the MoEF in their status report hasinformed MoEF on 6thMarch, 2013 rejected Stage-I FC to the project as itis located in migratory corridor between Pench and Satpura TigerReserves.

    Therefore, within the framework of the conditions in the Noticegiven, the block is liable for de-allocation.

    Taking all the above facts into consideration, IMG recommendsde-allocation of the block.

    27. THESGORA-B/RUDRAPURI [ALLOCATED TO KAMAL SPONGESTEEL & POWER LTD. & REVATI CEMENT PVT. LTD.]

    IMG observed that the allocatee has neither obtained EC nor FCStage-I.

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    IMG further observed that Central Bureau of Investigation (CBI) hasregistered FIR against one of the allocatees (Kamal Sponge Steel & PowerLtd.) of this coal block.

    Therefore, within the framework of the conditions in the Noticegiven, the block is liable for de-allocation.

    Taking all the above facts into consideration, IMG recommendsde-allocation of the block.

    28. MANDLA NORTH [ALLOCATED TO JAIPRAKASH ASSOCIATESLTD.]

    IMG noted that the coal block allocatee has obtained EC, FC Stage-I& Stage-II. Mining Lease has also been executed.

    IMG further observed that the MoEF in their status report has

    informed Stage-II FC for diversion of 879.666 hectares of forest landaccorded on 18thOctober, 2012.

    Under the criteria mentioned in the notice, no action isrecommended at present.

    29. SIAL GHOGRI [ALLOCATED TO PRISM CEMENT LTD.]

    IMG noted that the coal block allocatee has obtained EC, FC Stage-I& Stage-II. Mining Lease has also been executed.

    IMG further observed that the MoEF in their status report hasinformed Stage-II FC for diversion of 205.53 hectares of forest landaccorded on 7thFebruary, 2011.

    Under the criteria mentioned in the notice, no action isrecommended at present.

    30-31. NAKIA I & II [ISPAT GODAVARI LTD., IND-AGROSYNERGY LTD., NAKODA ISPAT LTD., VANDANA GLOBALLTD. & SHREE BAJRANG POWER & ISPAT LTD.]

    IMG noted that the allocatee has neither obtained EC nor FC Stage-I.

    IMG further noted that the MoEF in their status report withrespect to NAKIA-I & NAKIA-II has informed Stage-I forest clearancerejected.

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    Therefore, within the framework of the conditions in the Noticegiven, the block is liablefor de-allocation.

    Taking all the above facts into consideration, IMG recommendsde-allocation of the block.

    32. MADANPUR (NORTH) [ALLOCATED TO ULTRATECH LTD.,

    SINGHAL ENTERPRISES, NAVBHARAT COALFIELDS LTD.,VANDANA ENERGY & STEEL PVT. LTD., PRAKASH INDUSTRIESLTD., ANJANI STEEL PVT. LTD. AND CONSORTIUM OF M/S.ISPAT GODAVARI LTD., VANDANA GLOBAL LTD., IND-AGROSYNERGY LTD., BAJRANG POWER & ISPAT LTD. AND NAKODAISPAT LTD.]

    IMG noted one of the allocatees (Prakash Industries Ltd.] has filedW.P. No.6056/2011 before the Honble High Court of Chhattisgarhagainst the recommendation of IMC of Ministry of Steel. However,prima

    faciethat matter does not hold the party from developing the block.

    IMG further noted that the MoEF in their status report hasinformed Proposal seeking Stage-I FC has not been received by MoEF.

    IMG also noted that in an earlier review by the Ministry of Coal, theparty was issued with a show cause notice against which Madanpur(North) Coal Company Pvt. Ltd. (JV of allocatees) had filed W.P. (C)No.1935/2013 before Honble High Court of Chhattisgarh at Bilaspur.

    There is a notice to the respondents in this matter. However, there is no

    interim or final order in this matter. Consequent upon what has beenplaced before Honble Supreme Court pursuant whereto it was decided toissue notices as explained above, earlier show cause notice has sincebeen superseded. To this extent, the action on the earlier show causenotice has been rendered inconsequential. The notice dated 15.01.2014sets into motion a de novo process of looking into this matter underspecific submission made before Honble Supreme Court to be completedwithin the stipulated time limit.

    IMG observed that since neither EC nor FC Stage-I has been

    obtained, the block is liable for de-allocation.

    Taking all the above facts into consideration, IMG recommendsde-allocation of the block.

    33. MADANPUR SOUTH [ALLOCATED TO HINDUSTAN ZINC LTD.,AKSHAY INVETMENT (PVT.) LTD., CHHATTISGARH STEEL &POWER LTD., CHHATTISGARH ELECTRICITY COMPANY LTD.,

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    MSP STEEL & POWER LTD. AND CONSORTIUM OF M/S. ISPATGODAVARI LTD., VANDANA GLOBAL LTD., IND-AGRO SYNERGYLTD., BAJRANG POWER & ISPAT LTD. AND NAKODA ISPATLTD.]

    IMG observed that EC and FC Stage-I have not been obtained.Further, MoEF in their status report has informed Stage-I FC rejected.

    Therefore, within the framework of the conditions in the Noticegiven, the block is liablefor de-allocation.

    Taking all the above facts into consideration, IMG recommendsde-allocation of the block.

    34. DURGAPUR-II / SARYA [ALLOCATED TO D.B. POWER LTD.]

    IMG observed that the allocatee has obtained EC and FC Stage-I.IMG further noted that the MoEF in their status report has informed

    Stage-I FC for diversion of 290.399 hectares of forest land accorded on23.11.2012. Report on satisfactory compliance to condition stipulated inState-I FC is awaited from the State Government.

    Therefore, within the framework of the conditions in the Noticedated 15.01.2014, no action is recommended at present. The IMGmay subsequently consider this case regarding feasibility of obtaining FCStage-II within a reasonable time in terms of para 2 (iii) of the notice asquoted in para 6 above.

    Ministry of Power in their written comments has informed that D.B.Power has made an investment of Rs.6315 crores in its linked end-useplant.

    IMG also noted that the allocatee has filed W.P. No.7583/2012before High Court of Delhi against the order dated 15.11.2012 of MoCdirecting for deduction of Bank Guarantee. The Honble Court vide orderdated 05.12.2012 directed that till the next date of hearing, therespondent No.2 (i.e. bank) shall not transmit the amounts to theRespondent No.1 qua bank guarantee in issue.

    35. FATEHPUR EAST [ALLOCATED TO JLD YAVTAMAL ENERGYLTD., R.K.M. POWERGEN PVT. LTD., VISA POWER LTD.,GREEN INFRASTRUCTURE PVT. LTD. (NOW ATHENACHHATTISGARH POWER LTD.) AND VANDANA VIDYUT LTD.]

    It was a regionally explored block. PL has been obtained and GRprepared.

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    Ministry of Power in their written comments has informed that JLDYavtamal Energy Ltd., R.K.M. Powergen Pvt. Ltd., Visa Power Ltd.,Athena Chhattisgarh Power LTd. and Vandana Vidyut Ltd. have made aninvestment of Rs.42 crores, 7484 crores, 1611 crores, 3400 crores and2051 crores respectively in their end-use plants.

    IMG further noted that the MoEF in their status report has

    informed Proposal seeking Stage-I FC has not been received by theMoEF.

    Therefore, in terms of para 2(i) (b) of the notice, no action isrecommended at present. However, continuation of furtherdevelopment of the block shall be without any prejudice to theinvestigation consequent upon FIR against two of the five allocatees.

    36. GARE PALMA IV/6 [ALLOCATED TO JINDAL STEEL & POWERLTD. & NALWA SPONGE IRON LTD.]

    IMG noted that though FC Stage-I has been granted, EC has notbeen granted as on the cut-off date.

    IMG further noted that the MoEF in their status report for EC hasinformed TOR was granted on 19.10.2012. the proposal wasreconsidered in the 7th EAC meeting held on 12th 13thDecember, 2013and in 20-21 January, 2014 for consideration of Environmental Clearance.Minutes of the meeting are awaited.

    Therefore, in terms of para 2(i)(a) of the notice, block is liable forde-allocation.

    Taking all the above facts into consideration, IMG recommendsde-allocation of the block.

    37. GARE PALMA IV/8 [ALLOCATED TO JAYASWAL NECOINDUSTRIES LTD.]

    IMG noted that the coal block allocatee has obtained EC, FC Stage-

    I & Stage-II and, therefore, no action is recommended at present.

    IMG further noted that the MoEF in their status report hasinformed Stage-II FC for diversion of 224.22 hectares of forest landaccorded on 01.01.2013.

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    38. SAYANG [ALLOCATED TO AES CHHATTISGARH ENERGY PVT.LTD.]

    Regionally explored block at the time of allocation. No PL has beenobtained and consequently no exploration has been undertaken.

    IMG further noted that the MoEF in their status report hasinformed Proposal seeking Stage-I FC has not been received by the

    MoEF.

    Ministry of Power in their written comments has informed that notmuch progress is noticed in end use project.

    Therefore, block is liable for de-allocation in terms of the noticegiven.

    Taking all the above facts into consideration, IMG recommendsde-allocation of the block.

    39. DURGAPUR II/TARAIMAR [ALLOCATED TO BALCO]

    IMG noted that the coal block allocatee has obtained EC, FC Stage-I & Stage-II and, therefore, no action is recommended at present.

    IMG further noted that the MoEF in their status report hasinformed Stage-II FC for diversion of 365.0656 hectares of forest landaccorded on 14.11.2012.

    Ministry of Power in their written comments has informed thatBALCO has made an investment of Rs.2051 crores in its end-use plant.

    40. FATEHPUR [ALLOCATED TO SKS ISPAT & POWER LTD. ANDPRAKASH INDUSTRIES LTD.]

    Regionally explored block at the time of allocation. No PL has beenobtained and consequently no exploration has been undertaken.

    IMG further noted that the MoEF in their status report has

    informed Proposal seeking Stage-I FC has not been received by theMoEF.

    Ministry of Power in their written comments has informed that SKSIspat has made an investment of Rs.2486 crores in its end-use plant.

    In an earlier review by the Ministry of Coal, the party was issuedwith a show cause notice against which the allocatees have filed W.P.

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    No.71/2014 before the Honble High Court of Chhattisgarh at Bilaspur.The Honble Court has granted 3 weeks time to the Respondent for filingreply. Consequent upon what has been placed before Honble SupremeCourt pursuant whereto it was decided to issue notices as explainedabove, earlier show cause notice has since been superseded. To thisextent, the action on the earlier show cause notice has been renderedinconsequential. The notice dated 15.01.2014 sets into motion a de novoprocess of looking into this matter under specific submission made

    before Honble Supreme Court to be completed within the stipulated timelimit.

    In another Writ Petition No.7135/2008 filed by Prakash IndustriesLtd. before the Honble Delhi High Court challenging the allocation letterdated 06.02.2008 and for directing the Ministry of Coal to allocate analternative coal block to the Petitioner and co-allocatee on the basis ofcapacity of proposed power plant. The Writ Petition was dismissed bythe Honble Single Judge on 18.05.2010. Further, Petitioner filed an LPANo.479/2010 against the said order of Single Judge in which the

    Division Bench ordered as an ad-interim, it is directed that pursuant tothe communication dated 06.02.2008, the processing shall continue andthe fourth respondent (SKS Ispat) shall not claim any equity whatsoever

    for the task undertaken.

    In terms of the conditions mentioned in the Notice, the block isliable for de-allocation.

    Taking all the above facts into consideration, IMG recommendsde-allocation of the block.

    41. RAJGAMAR DIPSIDE (DAEVANARA) [ALLOCATED TO APIISPAT & POWERTECH PVT. LTD. AND C.G. SPONGEMANUFACTURING CONSORTIUM COALFIELD PVT. LTD.]

    Partially explored block at the time of allocation. GR purchased forexplored part but no EC and FC Stage-I has been obtained.

    IMG further noted that the MoEF in their status report hasinformed Proposal seeking Stage-I FC has not been received by the MoEF.

    TOR was granted on 14.05.2013. EIA/EMP report has not been receivedby the MoEF.

    Therefore, block is liable for de-allocation in terms of Notice given.

    Taking all the above facts into consideration, IMG recommendsde-allocation of the block.

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    42. RAJGAMAR DIPSIDE (SOUTH OF PHULIKDIH NALA) [ALLOCATED TO MONNET ISPAT & ENERGY AND TOPWORTHSTEEL LTD.]

    IMG noted that neither EC nor FC Stage-I has been obtained.

    IMG further noted that the MoEF in their status report hasinformed Proposal seeking Stage-I FC has not been received by the MoEF.

    The proposal (for EC) has been received by the MoEF which will be placedin the EAC.

    [The block was earlier also recommended for de-allocation in the23rd Meeting of IMG. However, before issue of de-allocation letter, thisblock formed a part of 61 blocks about which Statement was submittedbefore the Honble Supreme Court and accordingly, this is to be reviewedin terms of the notice dated 15.01.2014 in supersession of earlier courseof action.]

    Therefore, block is liable for de-allocation in terms of Notice given.

    Taking all the above facts into consideration, IMG recommendsde-allocation of the block.

    43-44. MARKI MANGLI-II & IV [ALLOCATED TO M/S. SHREEVIRANGANA STEELS LTD.]

    As informed by the allocatee, FC is not applicable. EC has beengranted. Production from Marki Mangli-II has been started. As per the

    mining plans, the extraction from Marki Mangli II and III will start firstand shall continue for 20 years. Extraction from Marki Mangli-IV shallcommence only thereafter.

    IMG, therefore, recommends no action at presentin this case.

    45. LOHARA WEST & LOHARA EXTN. (E) - [ALLOCATED TO ADANIPOWER LTD.]

    As informed by MoEF, TOR was granted on 16.05.2008. However,

    TOR was subsequently withdrawn on 07.01.2010 as the project is withinthe proposed Buffer Zone of Tadoba-Andheri Tiger Reserve. Proposalseeking FC Stage-I has not been received by MoEF. EC has beenrejected.

    Ministry of Power has informed that the 800 MW linked end useplant has been commissioned.

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    IMG noted that since EC and FC Stage-I has not been obtained,the block is liable for de-allocation.

    Taking all the above facts into consideration, IMG recommendsde-allocation of the block.

    46. BANDER [ALLOCATED TO AMR IRON & STEEL PVT. LTD.,CENTURY TEXTILES & INDUSTRIES LTD. AND J.K. CEMENT

    LTD.]

    IMG noted that the block was an explored one and EC and FCStage-I has not been obtained yet.

    IMG also noted that there is an FIR also against one of the threeallocatees.

    IMG further noted that the MoEF in their status report hasinformed Proposal seeking Stage-I FC has not been received by the MoEF.

    TOR was granted on 3.2.2012. The project proponent vide its letter dated6.1.2014 has requested the MoEF for extension and modification of TOR.

    Therefore, block is liable for de-allocation in terms of Notice given.

    Taking all the above facts into consideration, IMG recommendsde-allocation of the block.

    47. KOSAR DONGERGAON [ALLOCATED TO CHAMAN METALICSLTD.]

    As informed by the allocatee, no forest land is involved in thisblock. IMG noted that EC has been granted. Therefore, in terms of theconditions of the notice, no action is recommended at present.

    In an earlier review by the Ministry of Coal, the party was issuedwith a show cause notice against which the allocatee has filed W.P.No.6400/2013 before the Honble High Court of Bombay, Nagpur Bench.Vide order dated 03.03.2013 the Honble Court ordered that if in themeanwhile, any adverse action is taken on the show cause notice, same

    shall not be given effect to for a period of 7 days. Consequent upon whathas been placed before Honble Supreme Court pursuant whereto it wasdecided to issue notices as explained above, earlier show cause noticehas since been superseded. To this extent, the action on the earlier showcause notice has been rendered inconsequential. The notice dated15.01.2014 sets into motion a de novoprocess of looking into this matterunder specific submission made before Honble Supreme Court to becompleted within the stipulated time limit.

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    48. NERAD MALEGAON [ALLOCATED TO M/S. GUPTA METALLICS& POWER LTD. AND M/S. GUPTA COALFIELDS & WASHERIESLTD.]

    As informed by the allocatee, no forest land is involved in thisblock. IMG noted that EC has been granted. Therefore, in terms of theconditions of the notice, no action is recommended at present.

    49. BIJAHAN [ALLOCATED TO BHUSHAN LTD. AND SHRI MAHAVIRFERRO ALLOYS PVT. LTD.]

    IMG noted that it was an explored block. EC and FC Stage-I havenot been obtained.

    IMG further noted that the MoEF in their status report hasinformed Proposal seeking Stage-I FC for diversion of 241.87 hectares of

    forest land along with site inspection report (SIR) received from Regional

    Office (Eastern Zone),Bhubaneswar of the MoEF will be placed before theForest Advisory Committee in its meeting scheduled to be held on 13th-14thFebruary, 2014. TOR (for EC) was granted on 21.11.2013.

    IMG noted that the allocatee has filed W.P. 7476/2012 before HighCourt of Delhi against the order dated 26.11.2012 of MoC directing fordeduction of Bank Guarantee. The Honble Court vide order dated20.11.2012 directed that the next date of hearing, the respondent No.2(i.e. bank) shall not transmit the amounts to the respondents qua bankguarantee in issue.

    Therefore, block is liable for de-allocation in terms of Notice given.

    Taking all the above facts into consideration, IMG recommendsde-allocation of the block.

    50. RADHIKAPUR (EAST) - [ALLOCATED TO TATA SPONGE IRONLTD., SCAW INDUSTRIES LTD. AND SPS SPONGE IRON LTD.]

    IMG noted that it is an explored block. EC and FC Stage-I has not

    been obtained and therefore the block is liable for de-allocation.

    IMG further noted that the MoEF in their status report hasinformed that EC was recommended subject to receipt of Stage-I FC.Proposal seeking Stage-I FC has not been received by the MoEF so far.

    IMG also noted that the allocatee has filed W.P. 7430/2012 beforeHigh Court of Delhi against the order dated 23.11.2012 of MoC directing

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    for deduction of Bank Guarantee. The Honble Court vide order dated30.11.2012 directed that in case a decision is taken to invoke bankguarantee in issue, a prior written notice of 3 working days will be givento the petitioner. The allocatee has also filed W.P. No.790/2014challenging the notice dated 15.01.2014 before the Honble Delhi HighCourt. The Honble High Court, vide order dated 03.02.2014, directed tolist the matter on 12.02.2014 alongwith W.P. No.7430/2012. However,since the notice dated 15.01.2014 supersedes the earlier notice and there

    is no order in respect of the instant notice and even the Courtsobservation on the earlier notice was only with regard to not proceedingwith deduction / encashing the bank guarantee, the review andconsequent action as such is not under challenge.

    Taking all the above facts into consideration, IMG recommendsde-allocation of the block.

    51. RADHIKAPUR (WEST) - [ALLOCATED TO RUNGTA MINES LTD,OCL INDIA LTD. AND OCEAN ISPAT LTD.]

    IMG noted that it was an explored block. EC and FC Stage-I hasnot been obtained.

    IMG further noted that the MoEF in their status report hasinformed that EC was recommended subject to receipt of Stage-I FC.Proposal seeking Stage-I FC has not been received by the MoEF so far.

    [The block was earlier also recommended for de-allocation in the23rd Meeting of IMG. However, before issue of de-allocation letter, this

    block formed a part of 61 blocks about which Statement was submittedbefore the Honble Supreme Court and accordingly, this is to be reviewedin terms of the notice dated 15.01.2014 in supersession of earlier courseof action.]

    Therefore, block is liable for de-allocation in terms of Notice given.

    Taking all the above facts into consideration, IMG recommendsde-allocation of the block.

    52. UTKAL-C [ALLOCATED TO UTKAL COAL LTD.]

    IMG noted that EC, FC Stage-I and FC Stage-II has been obtainedand, therefore, no action is recommended at present.

    53. UTKAL B-2 [ALLOCATED TO MONNET ISPAT & ENERGY LTD.]

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    IMG noted that EC, FC Stage-I and FC Stage-II has been obtainedand, therefore, no action is recommended at present.

    IMG also noted that the allocatee has filed W.P. 7825/2012 beforeHonble High Court of Delhi against the order dated 22.11.2012 of MoCdirecting for furnishing/imposition of Bank Guarantee. The HonbleCourt vide order dated 17.12.2012 stayed operating part of MoCs orderdated 22.11.2012.

    54. UTKAL B-1 [ALLOCATED TO JINDAL STEEL & POWER LTD.]

    IMG noted that EC, FC Stage-I and FC Stage-II has been obtainedand, therefore, no action is recommended at present.

    55. JAMKHANI [ALLOCATED TO BHUSHAN STEEL & POWER LTD.]

    IMG noted that EC, FC Stage-I and FC Stage-II has been obtainedand, therefore, no action is recommended at present.

    56-57. RAMPIA & DIPSIDE OF RAMPIA [ALLOCATED TOSTERLITE ENERGY LTD., GMR ENERGY LTD., ARCELORMITTAL LTD., LANCO GROUP LTD., NAVBHARAT POWERPVT. LTD. AND RELIANCE ENERGY LTD.]

    IMG noted that it was a partly explored block. Further, no PLobtained so far for unexplored area. No EC and FC Stage-I for partlyexplored area has been obtained.

    FIR against one the parties (M/s. Navbharat Power Pvt. Ltd.) andone allocatee (Arcelor Mittal) has proposed to surrender its proportionateshare of coal block.

    Ministry of Power in their written comments has informed thatSterlite, GMR and Lanco have made an investment of Rs.8287, 5600 and4800 crores respectively in their end-use plants. The plants of Sterliteand GMR have been commissioned.

    Therefore, block is liable for de-allocation in terms of Notice given.

    Taking all the above facts into consideration, IMG recommendsde-allocation of the block.

    58. MANDAKINI [ALLOCATED TO MONNET ISPAT & ENERGY LTD.,JINDAL PHOTO LTD. AND TATA POWER COMPANY LTD.]

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    IMG noted that EC, FC Stage-I and FC Stage-II has been obtainedand, therefore, no action is recommended at present.

    59. BIHARINATH [ALLOCATED TO BANKURA DRI MININGMANUFACTURERS CO. PVT. LTD.]

    IMG noted that it was an explored block. No EC or FC Stage-I hasbeen obtained.

    IMG further noted that the MoEF in their status report hasinformed that Proposal seeking Stage-I FC has not been received by theMoEF so far. RegardingEC TOR was granted on 09.06.2009. Since theblock overlapped on a CBM project, the Ministry closed the file until thematter was sorted out between MoC and MoP&NG. File was closed inMarch, 2010 from the pending list, in accordance to OM No.J-1103/5/2009-IA.II (Part) dated 30.10.2012, due to non-submission ofinformation by the proponent. The project will be placed in the EAC oncethe information is received.

    A Court case [W.P. No.69/2010] has been filed in Delhi High Courtprimarily against Ministry of Petroleum & Natural Gas for restraining toproceed further for exploration of Coal Bed Methane (CBM). StateGovernment of West Bengal has informed that application for grant ofmining lease has been received.

    Therefore, block is liable for de-allocation in terms of Notice given.

    Taking all the above facts into consideration, IMG recommends

    de-allocation of the block.

    60. ANDAL EAST [ALLOCATED TO BHUSHAN STEEL LTD., RASHMICEMENT LTD. AND JAI BALAJI INDUSTRIES LTD.]

    IMG noted that this was a regionally explored block in which PLobtained and GR prepared and, therefore, no action is recommended atpresent.

    61. MOIRA MADHUJORE [ALLOCATED TO RAMSWARUP LOHH

    UDYOG LTD., ADHUNIK CORPORATION LTD., UTTAM GALVASTEELS LTD., HOWRAH GASES LTD., VIKASH METALS &POWER LTD. AND ACC CEMENT LTD.]

    This was an explored block. IMG noted that no EC has beenobtained. Further, the allocatee has informed that no forest land isinvolved.

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    IMG also noted that the block is having overlap with Aerotropolisproject and CBM block of ONGC.

    IMG further noted that the MoEF in their status report hasinformed that Proposal seeking Stage-I FC has not been received by theMoEF. Regarding EC The proposal was considered in the 27th EACmeeting held on 20th-21stJune, 2011. EAC sought additional informationon land ownership has not been received. The proposal has been closed

    and delisted on 02.09.2013 from the pending list, in accordance to OMNo.J-11013/5/2009-IA.II (Part) dated 30.10.2012, due to non-submissionof information by the proponent. The information has been received whichwill be placed in the EAC.

    IMG further noted that there is an FIR against one of the allocatees(M/s. Vikash Metals & Power Ltd.).

    In terms of para 2(i)(a) of the Notice, the block is liable for de-allocation.

    Taking all the above facts into consideration, IMG recommendsde-allocation of the block.

    14. With regard to recommendation regarding deduction/imposition ofBG or otherwise, it was decided to consider the issue separately.

    15. The minutes were drafted concurrently in course of the meeting.

    *****

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    Annexure-I

    List of participants of 24th

    IMG meeting held on 7th

    February, 2014.

    Members of IMG

    S.No. Name & Designation Name of the Ministry

    /Deptt./Organisation1. Dr. A.K Dubey, Chairman, Additional

    Secretary, Ministry of Coal

    Chairman, IMG

    2. Shri G. Sai Prasad, Joint Secretary Ministry of Power

    3. Shri Syedain Abbasi, Joint Secretary Ministry of Steel

    4. Shri S.K. Mohapatra, Joint Secretary Ministry of Law & Justice,

    Department of Legal Affairs

    5. Shri A.K. Bhalla, Joint Secretary Ministry of Coal

    6. Shri Vivek Bharadwaj, Joint Secretary Ministry of Coal

    7. Ms. Sujata Prasad, Joint Secretary & FA Ministry of Coal

    8. Shri D.N. Prasad, Advisor (Projects) Ministry of Coal

    9. Shri Amrit Acharya, Coal Controller Ministry of Coal

    10. Shri V. Apparao, Director Ministry of Power

    11. Shri S.K. Shahi, Director Ministry of Coal

    12. Shri Abhijit Phukan, Director Department of Economic

    Affairs

    13. Shri N. Ahmed, GM (Exploration) CMPDIL

    14. Shri Nand Lal, Sr. D.O. Department of Industrial

    Policy & Promotion

    Officers of Ministry of Coal in attendance:

    S. No. Name & Designation

    1. Shri A.S. Sahay, US (CA-I)

    2. Shri Manish Uniyal, SO (CA-I/B)

    3. Shri Kamal Kishore, AD (Legal)

    4. Shri Sambhav Jain, AM (Legal)

    5. Shri Hrishikesh, MT (Legal)

    6. Shri Sewak Paul, Assistant

    7. Ms. Malashree Sarkar, UDC

    8. Shri Arjun Singh Negi, LDC

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    Annexure-I

    List of participants of 24th

    IMG meeting held on 8th

    February, 2014.

    Members of IMG

    S.No. Name & Designation Name of the Ministry

    /Deptt./Organisation1. Dr. A.K Dubey, Chairman, Additional

    Secretary, Ministry of Coal

    Chairman, IMG

    2. Shri A.K. Bhalla, Joint Secretary Ministry of Coal

    3. Shri Vivek Bharadwaj, Joint Secretary Ministry of Coal

    4. Shri D.N. Prasad, Advisor (Projects) Ministry of Coal

    5. Shri Amrit Acharya, Coal Controller Ministry of Coal

    6. Shri V. Apparao, Director Ministry of Power

    7. Shri S.K. Shahi, Director Ministry of Coal

    8. Shri Harish C. Upadhayay, Under

    Secretary

    Department of Economic

    Affairs

    9. Shri K.B. Nair, Under Secretary Ministry of Steel

    10. Shri N. Ahmed, GM (Exploration) CMPDIL

    11. Shri Nand Lal, Sr. D.O. Department of Industrial

    Policy & Promotion

    Officers of Ministry of Coal in attendance:

    S. No. Name & Designation

    1. Shri A.S. Sahay, US (CA-I)

    2. Shri Manish Uniyal, SO (CA-I/B)

    3. Shri Kamal Kishore, AD (Legal)

    4. Shri Sambhav Jain, AM (Legal)

    5. Shri Hrishikesh, MT (Legal)

    6. Shri Sewak Paul, Assistant

    7. Ms. Malashree Sarkar, UDC

    8. Shri Arjun Singh Negi, LDC