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2015 (2) TMI 642 - SC - Indian LawsCoal Mines (Special Provisions) Second Ordinance, 2014 (No. 7 of 2014)-Stay of Auction - Compensation for end user plants installed in partly coal block and partly outside- Schedule-I coal mines are those mines whose allocation (made earlier in favour of the various parties like the first respondent herein) were cancelled by the orders of this Court referred to earlier. Under Section 16 of the Ordinance, compensation is required to be paid with reference to “land” and “mine infrastructure” of the Schedule-I coal mines. The expression “mine infrastructure” is defined under Section 3(j) of the Ordinance. The learned Attorney General appearing for the Union of India submitted that the Union of India does not propose to acquire the end user plant of the respondent, as apprehended by the respondent. He further submitted that since the basic concern of the respondent is only to ensure that he is not deprived of his property without adequate compensation, the Union of India gives an undertaking to earmark that portion of the land occupied by the end user plant falling within the coal block area and exclude the same from the process of auction and vesting contemplated under the Ordinance so that the rights of property of the respondent remain intact. In view of the fact that the Writ Petition is pending in the High Court, we do not propose to examine the submissions made by the learned counsel for the respondent, but we are satisfied that the interest of justice demands that the impugned order be set aside recording the undertaking of the learned Attorney General mentioned above. Appeal allowed.
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