Supreme Court seeks Centre's response in petition filed by Jharkhand government against commercial coal mining in the state

The Supreme Court today sought the Union of India's response in a suit filed by the Jharkhand government against the Centre's decision to auction coal blocks for commercial mining in the state..The Bench of Chief Justice of India SA Bobde and Justices R Subhash Reddy and AS Bopanna said that the Court is inclined to issue notice and hear the case for injunction in the plea, which seeks proper assessment of the adverse impact such mining is expected to cause..The Jharkhand government contended in its plea that the Centre's decision to auction coal blocks situated in the state for commercial mining was made "unilaterally", without consultation..Senior Counsel Fali Nariman and Abhishek Manu Singhvi represented the State of Jharkhand before the Court. Nariman told the Court that brief submissions have been filed by him on behalf of the state..At this point, the Court said that it was inclined to issue notice and hear the plea on the injunction, and that it would list the matter "as soon as possible". ."We are inclined to issue notice and hear the matter on injunction. I just want to take the audacity and tell you that it is not a virtual court but a real court... We will list the plea as soon as possible."CJI SA Bobde.Nariman sought for the matter to be listed prior to August 18, which is the deadline for bids to take place. The Court assured him that should the need arise, the deadline can be extended.."No problem, that date can extend. Attorney General will look into it."CJI SA Bobde.The Jharkhand Mukti Morcha-led government has filed an original suit under Article 131 of the Constitution which provides for the state to move directly to the Supreme Court in disputes with the Centre..The Jharkhand government had also filed a separate petition in the Apex Court challenging the Centre's virtual auction process of 41 coal blocks for commercial mining..Jharkhand Government challenges Centre's decision to start Commercial Coal Mining, says Tribal population likely to be adversely affected.In its suit, the state has claimed that it is "highly inappropriate" for the Centre to conduct such auction during the COVID-19 pandemic, as the machinery of the state and the Centre are to be enjoined to "alleviate the problems of citizens" caused due to the deadly virus..The plea settled by Additional Advocate General for Jharkhand Tapesh Singh states that suit has been filed to "assail the unilateral, highhanded, arbitrary and illegal action" of the Centre in launching the auction of commercial coal mining for nine coal blocks situated within the territory of Jharkhand.."The defendant (Centre) has announced the impugned auction unilaterally without consultation with the plaintiff (Jharkhand). The plaintiff state is the owner of the mines and minerals situated within the territory of the plaintiff."Petition filed in Supreme Court.Referring to the Fifth Schedule to the Constitution, which deals with administration and control of Scheduled Areas, the plea states that six of the nine coal blocks put up for auction - Chakla, Chitarpur, North Dhadu, Rajhara North, Seregarha and Urma Paharitola - fall within these areas..The plea further states that Jharkhand has a forest cover of 29.4 per cent and the coal blocks put up for auction are situated in these forest lands.The state government has thus alleged that auction of the coal blocks during the pandemic "will be playing into the hands of the capitalist lobbies at the cost of national interest"..Read Order:

Supreme Court seeks Centre's response in petition filed by Jharkhand government against commercial coal mining in the state

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