Delhi HC refuses to accept Coal India plea against JSPL

Delhi High Court on Friday refused to entertain an appeal filed by Coal India Ltd (CIL) against a single judge order allowing Jindal Steel and Power Ltd (JSPL) to dump fly ash, a by-product of its power plant, in a Chhattisgarh mine. A bench of Chief Justice G Rohini and Justice Jayant Nath, however, gave Coal India Ltd an opportunity to move an appropriate application before the single judge for modification of the order under appeal.

“Having regard to the fact that the main petition is still pending before the single judge and what is impugned in the present appeal is only an ad-interim order that was passed by the single judge on April 13, 2015, we do not deem it appropriate to entertain the appeal and express any opinion on merits of the case.

“Accordingly, we dispose of the appeal leaving it open to the appellant to move an appropriate application before the single judge for variation/clarification/modification of the order under appeal,” the bench said.

“In case any such application was filed, we request the single judge to consider and decide the same in accordance with law by advancing the date of hearing fixed as September 14, 2015 in the order under appeal,” the bench added.

CIL had approached the larger bench challenging the single judge’s April 13 interim order, by which it had allowed JSPL to dump the fly ash generated during operation of its power plant, in the same manner as was being doing so far.

“In so far as the middlings are concerned, which are already available at site, JSPL, will be allowed to remove the same for usage in the captive power plant,” it had said. CIL has sought quashing of the single judge’s order, saying JSPL had permission to dump fly ash till May 11, 2015.