Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Contempt of Court: Order of Supreme Court - Non-implementation of |
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:Order of Supreme Court - Non-implementation of - In terms of an MOU, State Government had committed to recommend to Central Government for grant of iron ore mines in favour of appellant for use in its proposed plant - Pursuant thereto appellant set up the plant with huge investment - Order of Supreme Court in appeal directing the State Government to take steps in terms of MOU- No-compliance of - Held: Respondents/contemners do not dispute that the directions contained in the judgment have become final - However, State Government Contemners have pleaded their helplessness by narrating certain circumstances and developments as also the statutory mandate embodied in s. 11(4) of the MMDR Act - Held: Contemners cannot raise such a plea to avoid implementation of directions issued by Court - As far as the law laid down in Sandur Manganese, that may be applied in application that are pending - Respondents are in contempt of orders dated 14. 3. 2012 passed by the Court, in not complying with the directions in respect of Keora area - However, they are given one final opportunity to purge the contempt by transmitting requisite recommendations to the Central Government - It would be for the Central Government to consider the said recommendations on its own merits and in accordance with law. Constitution of India, 1950:Art. 32 - Writ petition - Claiming similar relief with regard to grant of mining lease as was directed in the case of appellant in its appeal - Held: Petitioners cannot approach the Court directly under Art. 32 of the Constitution by filing writ petitions, as no fundamental right of the petitioners is violated by non-granting of mining lease - However, petitioners are at liberty to approach High Court in the first instance and/or any other forum which is available, as per law. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2014 INSC 308 |
Petitioner | Bhushan Power & Steel Ltd. |
Respondent | Rajesh Verma & Ors. |
SCR | [2014] 5 S.C.R. 493 |
Judgement Date | 2012-04-22 |
Case Number | 374 |
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