Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1957 Mines and Minerals (Development & Regulation) Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Mines and Minerals (Development & Regulation) Act, 1957 – Mineral Concession Rules, 1960 – Mines (Special Provisions) Ordinance, 2014 – Supreme Court in Manohar Lal Sharma v. Principal Secretary and Others [2014] 8 SCR 446 (the First Judgment) declared that the entire allocation of coal blocks, as per the recommendations made by the Screening Committee constituted by respondent no.1- Union of India (UOI) from 14th July, 1993 onwards and the allocations made through the Government Dispensation Route after 1993 were arbitrary and illegal – Outcome of the illegal allocations was subject matter of subsequent judgment delivered in the same case reported as [2014] 12 SCR 110 (the Second Judgment) wherein Coal block allotments were divided in two categories on the basis of the documents furnished by UOI – First category of the allotments was quashed outright as illegal and arbitrary – Second category comprised of 46 coal blocks mentioned in Annexure-1 and Annexure-2 that could possibly be “saved” from cancellation on imposition of certain terms and conditions, out of which 42 coal blocks were cancelled with a grace period of six months granted for the said cancellation to take effect – Coal blocks allocated to the petitioner were mentioned in Annexure-1 extracted at the end of the Second Judgment – Petitioner’s name and mining lease area included by UOI in the Schedules appended to the 2014 Ordinance even though, the Screening Committee had not allocated any coal block to it – Held: Allocation of the coal block made in favour of the petitioner did not run foul of the procedure prescribed in the MMDR Act and the MC Rules – Petitioner was not allocated the coal block either through the Screening Committee Route or the Central Government Dispensation Route, which fact was not pointed out by the UOI at the appropriate stage, that led to painting the petitioner with the same brush as the other allottees listed in Annexures- 1 and 2 – It was not a beneficiary of the flawed process, thus the consequences spelt out in the Second Judgment would not apply to it and thus, it cannot be called upon to pay penalty as compensatory payment, as demanded by UOI – UOI not entitled to claim payment of an additional levy for the coal extracted by the petitioner from the subject mine – Any such demand raised is set aside – Contempt Petition filed by UOI is also dismissed as meritless – Costs of Rs. 1,00,000/- be paid by UOI to the Petitioner – Deprecation. |
Judge | Hon'ble Ms. Justice Hima Kohli |
Neutral Citation | 2022 INSC 838 |
Petitioner | B.l.a. Industries Private Limited |
Respondent | Union Of India And Another |
SCR | [2022] 11 S.C.R. 184 |
Judgement Date | 2022-08-17 |
Case Number | 63 |
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