"What now emanates is that the ordinance is completely in sync with your economic policy, but your executive decisions are not. That is what we have gathered," a bench of justices B D Ahmed and Sanjeev Sachdeva said.
It made the remark while noting that clubbing of core sectors like steel, cement and captive power plants under one head of unregulated sector, for the auctions, has resulted in lesser mines going to iron and steel companies.
The query was posed in response to Additional Solicitor General (ASG) Sanjay Jain's argument that steel companies can import coal to meet requirements if they were unable to win adequate number of mines.
The bench, during the proceedings, also observed that currently the government is not deciding where (sector) coal will go, but market forces are and remarked that revenue generation was not objective of the ordinance whose mandate was allocation and optimum utilisation of the resource.
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He said by clubbing them together under unregulated they have been given the opportunity to bid for more mines and added "we are not distinguishing between core sectors".