Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Contempt of Court - Petitioner-Company applied for grant of lease for mining iron ore for use in its proposed steel plant - Application disallowed by the State Government |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Contempt Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Contempt of Court - Petitioner-Company applied for grant of lease for mining iron ore for use in its proposed steel plant - Application disallowed by the State Government - Petitioner- Company filed writ petition, which was dismissed - Petitioner filed SLP against the dismissal, which was allowed - Supreme Court vide iudgment dated 14.03.2012 directed the State Government to recommend the case of petitioner to the Central Government - Direction not implemented - Contempt petition filed by petitioner- company against the State - Supreme Court vide order dated 22.04.2014 directed the State Government to comply with the earlier direction in terms of MoU entered between the parties - Instant contempt petition filed by the petitioner-company pleading that the State Government did not purge the contempt - Held: As per the law prevailing at that time, the role of the State Government was ·only to send the recommendations to the Central Government for allotting· mining areas -,. Ultimate authority/power was vested with the Central Government to take a decision on the said request of the State Government - Since the State Government had sent the necessary letter of request to the Central Government, direction contained in the judgment dated 14.03.2012 stood compliedwith - As Central Government was not party in the contempt proceeding, no direction was ever given by Supreme Court to the Central Government - On contrary, it was observed in order dated 22.04.2014 that it would be for the Central Government to consider the recommendations of the State Government on its own merits and in accordance with law - If that has not been done by the CentrGovernment, it cannot be subject 111atter of the instant Conte111pt Petition, which is accordingly closed - Mines and Minerals (Develop111ent and Regulation) Act, 1957 - Mines and Minerals (Development and Regulation) Amendment Act, 2015. Mines and Minerals (Development and Regulation) Act, B 1957 - ss. 5(1), 10A{2J(c), 11 and JJA - Mines and Minerals (Develop111ent and Regulation) Amendment Act, 2015 - Petitioner- Co111pany applied for grant of lease for 111ining iron ore for use in the proposed plant - Its application recommended to the Central Govern111ent by the Stale Government - Central Government look the view that granting of lease has to be dealt with in accordance c with new provisions of the Ame11d111e//f Act, 2015 and under new scheme, the petitioner '.I· request stood invalidated - Plea of Petitioner-Company that the State Government had issued 'Letter of Intent', therefore, its application was protected u/s. JOA(2){c) of the amended Act - Held: Previous approval of the Central D Government was essential for the State Govern111ent to enter into any lease agreement/contract with the prospecting licensee - Without such approval, the State Government could not co111111unicate to the prospecting licensee/lessee its intention to enter into any contract - Jn instant case, Letter issued to the Central Government by the State Government was only reco111111endatory in nature and ultimate E decision rested with the Central Government - Therefore, letter issued was not 'Letter of Intent' and application of Petitioner not covered by clause (c) of section 10A(2) of the Act. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2016 INSC 1150 |
Petitioner | Bhushan Power & Steel Limited |
Respondent | Mr. S.l. Seal Addl. Secretary (steel & Mines) Government Of Odisha & Ors. |
SCR | [2016] 11 S.C.R. 149 |
Judgement Date | 2016-12-15 |
Case Number | 275 |
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