Commercial Regulatory

Regulatory dispute with South Eastern Railways regarding grant of third-party rights over private railway siding: We represent Ultra Tech Cement Ltd. in a regulatory challenge to grant of co-user rights to a third party by South Eastern Railways over its private railway siding. This is a heavily contested writ petition involving interplay of Railways’ Private Siding Policy, Private Freight Terminal Policy and Gati Shakti Policy.

Challenge to demands raised for Energy Loss Compensation: We represent Hindalco Industries Ltd. in a challenge before the Orissa High Court against demands raised for energy loss compensation by the Orissa Hydro Power Corporation under the Orissa Irrigation Act, 1959 and Rules framed thereunder. Ohers in the industry have also raised similar challenges. The issue pertains to whether such demands are ultra vires the Irrigation Act.

Challenge to demand of Rs. 297.66 Cr as stamp duty: We have challenged an order under Section 40 and 48A of the Indian Stamps Act, 1899 passed by the Collector of Stamps imposing a demand of INR 297.66 crore on our client for a transaction involving acquisition of assets before the High Court of Madhya Pradesh, Jabalpur bench against the order of Collector of Stamps. The demand has been stayed by the High Court and the matter is pending final hearing.

Challenge to levy of transit fee on transport of coal from mines not falling in forest land: Pursuant to certain observations made by the Supreme Court in the Kumaon Judgment, the State of Jharkhand levied transit fee on coal irrespective of whether such coal was brought from forest land or not. We have challenged such levy before the High Court of Jharkhand on the ground that such imposition is against the Indian Forests Act, 1927 and rules framed thereunder.

Challenge to expropriatory increase in transit fee: We are representing one of our clients before the Madhya Pradesh High Court in a challenge to expropriatory increase in transit fee for transportation of minerals mined from forest land under the Madhya Pradesh Transit (Forest Produce) Rules 2000, in the year 2020. The matter involves the issue as to whether the State is obliged to show a correlation between the fee sought to be recovered and the cost incurred on regulation.