(Dipak Misra and C. Nagappan, JJ.)
KA Hima Nongstoin Land Owners, Coal Traders and Producers Association _______________________________________ Appellant;
v.
All Dimasa Students Union, Dima Hasao District Committee and Others ______________________________________________ Respondent(s).
(With appln.(s) for permission to file additional documents and stay and office report)
Civil Appeal No. 5272/2016, decided on September 21, 2016
The Order of the court was delivered by
Order
1. Issue notice.
2. Having heard counsel for the parties, it is directed that the petitioners, as well as the respondents, who have mined the coal, are permitted to transport the coal on payment of royalty and other fees as fixed by the National Green Tribunal (for short, ‘the tribunal’) and other relevant status. The extracted coal can be transported from 1st October, 2016 till 31st May, 2017. It is further directed that no other extraction shall take place in the meantime.
3. The finding of the tribunal that the coal is vested in the State on the ground that it is illegally extracted coal, shall be adverted to at the time of final hearing. The miners shall keep the accounts and if, ultimately, it is held that the coal belongs to the State, they will refund the amount with interest. The quantum of interest shall be determined at the time of final hearing. Needless to say, these observations have been made without prejudice to the contentions to be raised by the learned counsel for the parties. The tribunal can proceed with regard to the other aspects which are pending before it.
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