Union of India & Another Versus Sova Ispat Limited & Others

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 1182 of 2015

(Arising out of Special Leave Petition (C) No.431 of 2015)

Union of India & Another … Appellants

Versus

Sova Ispat Limited & Others …Respondents

 

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. The observations such as the one made by the High Court (which is extracted earlier)would seriously hamper the prospects of any competitive bid as the prospective bidders would be hesitant to acquire any coal block which would drag them into litigation in future. 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. On the other hand, Shri Kapil Sibal, learned senior counsel submitted that the Union of India would be acting contrary to the letter of the Ordinance in making such a concession and therefore the same should not be accepted….read more