SUMAN K SHRIVASTAVA
Ranchi, Feb 13: It’s ironic. While the Jharkhand government struggles to recover ₹1.36 lakh crore in mining dues—including coal royalty arrears, payments for minerals extracted without environmental clearance, and pending land acquisition compensation—from the Centre, it has been reluctant to pursue legal cases against public and private entities within the state, where it could reclaim crores of rupees.
18-Year-Old Case Against CCL Remains Unresolved
One such case, a certificate case filed against Central Coalfields Limited (CCL) in Hazaribagh, has remained unresolved for 18 years, with Mines Department officials showing little urgency in pursuing it.
Frustrated by the department’s inaction, the Jharkhand High Court, during a hearing on February 11, directed the Mines Department to produce the complete case records by February 27. Expressing shock and displeasure, the Court noted that the case had been stalled for 18 years without any legal stay.
Lack of Urgency in Pending Revenue Cases
However, this is not an isolated case. Numerous cases involving crores of rupees in revenue have been pending in the High Court for years, yet state government officials have shown little urgency in addressing them.
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Similarly, a large number of certificate cases remain unresolved in districts across the state. Often, government counsels find themselves in an embarrassing position in court due to a lack of proper instructions from the concerned departments. Notably, a committee formed by the State Finance Department has also recommended prioritizing these cases, but little progress has been made.
CCL Challenges Jurisdiction of the Case
In the last hearing, the State Government’s counsel argued that once a certificate case is filed for dues recovery, the High Court has no further role in the matter. Meanwhile, CCL challenged the case’s jurisdiction, citing a Patna High Court ruling in Managing Director, National Coal Development Corporation vs. State of Bihar & Ors.
CCL argued that once land is acquired under the Coal Bearing Areas (Acquisition & Development) Act, 1957, the state cannot charge dead rent from leaseholders. They further contended that, under the same Act, the state government has no authority to collect dead rent, surface rent, or any other type of rent—except royalty, as mandated by Section 18A of the Mines & Minerals (Regulation and Development) Act, 1957.
State Government Defends Certificate Proceedings
On the other hand, the State Government’s counsel countered that since the certificate proceeding is under challenge, the Bihar and Orissa Public Demand Recovery Act, 1914, provides an appeal mechanism, making the writ petition non-maintainable.
In response, CCL’s counsel reiterated that the State of Jharkhand has no jurisdiction to collect these dues, citing both the Patna High Court’s judgment in the National Coal Development Corporation case and the Supreme Court’s ruling in State of UP & Anr. vs. Northern Coal Fields. Therefore, they argued, the question of the writ petition’s maintainability is irrelevant.
What’s Next? High Court’s Verdict Awaited
With the next hearing scheduled for February 27, all eyes are now on the Mines Department’s response—and whether the High Court will finally push for long-overdue action.
