We advise mining companies in their compliances under various agreements with the Central Government or State Government including the Coal Block Development and Production Agreements and Mineral Development and Production Agreements. Having advised and represented various companies in issues arising from such agreements including, obtaining various regulatory permissions required for opening of mine and appropriation of bank guarantees on account of delay in grant thereof, we advise such companies in safeguarding their rights under such agreements.

Challenge to demands raised for “illegal mining” in Jharkhand: We represent Hindalco Industries Ltd. in 11 writ petitions filed before the Jharkhand High Court at Ranchi challenging demands raised by the State Government under S. 21(5) of the MMDR Act, 1957 pursuant to the Hon’ble Supreme Court’s judgment in Common Cause vs. UOI WP(C) No. 114 of 2014 defining “illegal mining”. The High Court has granted interim orders staying the demand notices. The matters have been referred to the Division Bench for decision on certain questions of law framed by the Single Judge including whether the Common Cause Judgment can be applied to the State of Jharkhand without further adjudication.

Claims before Mines Tribunals at Ranchi and Bilaspur: We represent Hindalco Industries Ltd. and Balco in claims for recovery against the Nominated Authority, Ministry of Coal, pursuant to appropriation of bank guarantees given under the Coal Mines (Special Provisions) Act, 2015. Hindalco has won the first favourable judgment in this regard in a challenge against the judgment of the Mines Tribunal, Bilaspur, from the High Court of Chhattisgarh wherein the High Court has directed the Central Government to refund the appropriated amount. The matter is pending before the Supreme Court in an SLP filed by the Central Government.

Challenge to determination of compensation to Prior Allottees before Mines Tribunals at Ranchi and Bilaspur: We also represent Hindalco Industries Ltd. and Balco in petitions challenging determination of compensation payable to the Prior Allottee under the Coal Mines (Special Provisions) Act, 2015.

Challenge to notices issued by State Forest Department after auction and allocation of coal mine: We represent Hindalco Industries Ltd. before the Jharkhand High Court in a writ petition challenging notices for closure issued by the State Forest Department after auction and allocation of the mine under Coal Mines (Special Provisions) Act, 2015, on the ground that certain land falling within mining land had been identified as forest land based on cadastral survey. The matter involves issues such as status of land converted to revenue land before the implementation of the Forest (Conservation) Act, 1980 and rights of the Successful Bidder of a coal mine under the CMSP Act.